Rajasthan High Court - Jodhpur
Khatu vs State on 17 September, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10153/2020
1. Khatu S/o Shri Kalu, Aged About 56 Years, Akhepura, P.S.
Kushalgarh, District Banswara, Rajasthan. (Presently
Lodged In Distt. Jail, Banswara).
2. Ram Chandra S/o Chokha, Aged About 55 Years, R/o
Akhepura, P.S. Kushalgarh, District Banswara, Rajasthan.
(Presently Lodged In Distt. Jail, Banswara).
3. Man Singh S/o Shri Chokha, Aged About 54 Years, R/o
Akhepura, P.S. Kushalgarh, District Banswara, Rajasthan.
(Presently Lodged In Distt. Jail, Banswara).
----Petitioners
Versus
State of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. S.S Rathore through VC
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 17/09/2020 Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 22/2020, Police Station Kushalgarh, District Banswara, registered for the offences under Sections 147, 148, 332, 353, 427/149 of the Indian Penal Code and Section 3 of PDPP Act.
(Downloaded on 17/09/2020 at 09:08:20 PM)
(2 of 3) [CRLMB-10153/2020] Heard and considered the arguments advanced by the learned counsel for the petitioners appearing through video calling and learned Public Prosecutor in-person. Perused the material available on record.
Learned counsel for the petitioners appearing through video calling stated that benefit of bail has already been granted to the co-accused by learned trial Court; petitioners are behind the bar since 26.08.2020; on the basis of pendency of criminal cases against the accused-petitioners, bail application was rejected by the learned trial Court; due to rivalry between political parties, petitioner's have falsely been implicated in this case; trial of the case will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may also be granted to the accused-petitioners.
On the contrary, learned Public Prosecutor stated that some other cases are pending against the accused-petitioners and in the present case, offences under Sections 332, 353, 147, 148, 427/149 of I.P.C. and Section 3 of PDPP Act are registered against the accused-petitioners.
Learned counsel for the petitioners appearing through video calling stated at Bar, that accused-petitioners have not previously been convicted.
Having regard to the facts and circumstances of the case, particularly to the fact that the benefit of bail has already been granted to the co-accused by learned trial Court; that accused- petitioners have not previously been convicted and further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the (Downloaded on 17/09/2020 at 09:08:20 PM) (3 of 3) [CRLMB-10153/2020] case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Khatu S/o Shri Kalu, (2) Ram Chandra S/o Chokha and (3) Man Singh S/o Shri Chokha arrested in connection with F.I.R. No. 22/2020, Police Station Kushalgarh, District Banswara, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 26-akshay/-
(Downloaded on 17/09/2020 at 09:08:20 PM) Powered by TCPDF (www.tcpdf.org)