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Rajasthan High Court - Jodhpur

Shera Ram vs State on 9 April, 2018

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc. Bail No. 3274 / 2018
Shera Ram S/o Kesu Ram, Aged About 20 Years, By Caste Jat, R/o
Barsingho Ka Bas, Police Station Matoda, District Jodhpur. (At
Present Lodged in Central Jail Jodhpur)
                                                         ----Petitioner
                               Versus
The State of Rajasthan
                                                    ----Respondent
_____________________________________________________
For Petitioner(s)   : Mr. Dinesh Jain
For Respondent(s) : Mr. Ashok Upadhayay, PP
_____________________________________________________
         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order 09/04/2018 The petitioner has been arrested in connection with FIR No.28/2018 of Police Station Lohawat, District Jodhpur, for the offence punishable under Sections 147, 148, 332, 336, 353, 505(2), 427/149 of IPC and Section 3 PDPP Act. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that similarly situated co- accused has already been enlarged on bail and case of the petitioner is not distinguishable. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

(2 of 2) [CRLMB-3274/2018] Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Shera Ram S/o Kesu Ram shall be released on bail in connection with FIR No.28/2018 of Police Station Lohawat, District Jodhpur, provided he executes a personal bond in a sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(MANOJ KUMAR GARG) J.

Hanuman/32