Rajasthan High Court - Jodhpur
Mangi Lal vs State Of Rajasthan on 2 July, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7586/2021
(Interim Bail)
Mangi Lal S/o Shri Lakha Ram, Aged About 38 Years, Resident Of
Lalji Ki Dungari, Tehsil Chitalwana, District Jalore.
(Lodged In Sub Jail Bhinmal). ----Petitioner
Versus
State of Rajasthan through P.P. ----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 7400/2021
(Interim Bail)
Mangi Lal S/o Lakha Ram, Aged About 40 Years, Dungari, Tehsil
Chitalwana, District Jalore.
(Lodged In Sub Jail Sanchore) ----Petitioner
Versus
State of Rajasthan through PP ----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi through VC
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 02/07/2021 In S.B. Criminal Misc. Bail Application No. 7586/2021:-
(Mangi Lal S/o Shri Lakha Ram V/s Sate of Rajasthan) The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.15/2009, Police Station Jaswantpura, District Jalore, registered for the offences under Sections 8/15 and 8/25 of the NDPS Act.
Heard and considered the arguments advanced by the learned counsel appearing for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
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(2 of 4) [CRLMB-7586/2021] Learned counsel appearing for the petitioner through video conferencing stated that the present interim bail has been filed by the petitioner seeking interim bail for a period of one month on the ground of illness of the petitioner's wife; petitioner's wife is suffering from gynecologic disease and as per medical advice, operation of the petitioner's wife is necessary, therefore, petitioner shall be granted the benefit of interim bail.
Pursuant to the order of this Court passed on 17.06.2021, learned Public Prosecutor has submitted the factual report regarding necessity of operation of petitioner's wife. He further stated that two other cases are pending against the accused- petitioner.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the present interim bail application of the accused-petitioner deserves to be allowed and the accused-petitioner deserves to be enlarged on interim bail for a period of fifteen days.
Consequently, the interim bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that instead of one month, the petitioner, Mangi Lal S/o Shri Lakha Ram arrested in connection with F.I.R. No.15/2009, Police Station Jaswantpura, District Jalore, shall be released on interim bail for a period of 15 (fifteen) days from the date of his actual release; provided he furnishes a personal bond of Rs.2,00,000/-
(Rupees Two lacs only) and two sound and solvent surety bonds of Rs.1,00,000/- (Rupees One Lac only) [one surety shall be of family member/close relative] each to the satisfaction of the (Downloaded on 02/07/2021 at 08:36:27 PM) (3 of 4) [CRLMB-7586/2021] concerned Jail Superintendent and/or Deputy Superintendent, Bhinmal.
The concerned Jail Superintendent and/or Deputy Superintendent shall be at liberty to impose any other usual terms and conditions for ensuring surrender of the petitioner in prison, after expiry of the period of fifteen days is granted under this interim bail application.
In S.B. Criminal Misc. Bail Application No. 7400/2021:-
(Mangi Lal S/o Lakha Ram V/s Sate of Rajasthan) The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.35/2017, Police Station Sarwana, District Jalore, registered for the offences under Sections 147, 148, 307, 395, 342, 332, 353, 225, 324, 120-B of the Indian Penal Code and 3/25 of the Arms Act.
Heard and considered the arguments advanced by the learned counsel appearing for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.
Learned counsel appearing for the petitioner through video conferencing stated that the present interim bail has been filed by the petitioner seeking interim bail for a period of two months on the ground of illness of the petitioner's wife; petitioner's wife is suffering from gynecologic disease and as per medical advice, operation of the petitioner's wife is necessary, therefore, petitioner shall be granted the benefit of interim bail.
Pursuant to the order of this Court passed on 08.06.2021, learned Public Prosecutor has submitted the factual report (Downloaded on 02/07/2021 at 08:36:27 PM) (4 of 4) [CRLMB-7586/2021] regarding necessity of operation of petitioner's wife. He further stated that five other cases are pending against the accused- petitioner.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the present interim bail application of the accused-petitioner deserves to be allowed and the accused-petitioner deserves to be enlarged on interim bail for a period of fifteen days.
Consequently, the interim bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that instead of two months, the petitioner, Mangi Lal S/o Lakha Ram arrested in connection with F.I.R. No.35/2017, Police Station Sarwana, District Jalore, shall be released on interim bail for a period of 15 (fifteen) days from the date of his actual release; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One lac only) and two sound and solvent surety bonds of Rs.50,000/- (Rupees Fifty thousand only) [one surety shall be of family member/close relative] each to the satisfaction of the concerned Jail Superintendent and/or Deputy Superintendent, Sanchore.
The concerned Jail Superintendent and/or Deputy Superintendent shall be at liberty to impose any other usual terms and conditions for ensuring surrender of the petitioner in prison, after expiry of the period of fifteen days is granted under this interim bail application.
(DEVENDRA KACHHAWAHA),J 14-Rashi/-
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