Rajasthan High Court - Jodhpur
Dhan Singh vs State on 11 October, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Interim Bail No. 9351/2017
Dhan Singh S/o Bhanwar Singh, by caste Rajput, resident of
Umarlai Village, Kalyanpur Police Station, District Barmer.
(presently Lodged in Central Jail Jodhpur)
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. O.P. Rathi, PP.
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 11/10/2017 Mr. Dhan Singh, who is facing trial for offence under Sections 395, 397, 398, 458, 323, 342 and 120-B IPC pursuant to FIR No.83/2015 of Sayla Police Station, District Jalore in Sessions Case No.152/2016 pending before Sessions Judge, Jodhpur Metropolitan, has laid this application under Section 439 Cr.P.C. seeking interim bail/parole on compassionate ground.
It is averred in the application that petitioner's father, Bhanwr Singh, has expired on 6th of October, 2017, and therefore, as per rituals, his presence is necessary during the period of mourn and on 12th day. In support thereof, a certificate dated 7th of October, 2017 issued by Sarpanch, Gram Panchayat Umarlai, Panchayat Samiti, Panchayat Samiti Kalyanpur, District Barmer is also placed on record.
(2 of 2) [ CRLMB-9351/2017] Learned counsel for the petitioner has argued that although two regular bail applications of the petitioner have been rejected and third one is pending but, in wake of some extraordinary circumstances and calamity in the family, his interim bail plea merits consideration for releasing him on bail for a period of 30 days.
Learned Public Prosecutor, while acknowledging death of petitioner's father, has submitted that presence of petitioner for 30 days during mourn is not essential and therefore his interim bail application may be considered on compassionate grounds only for a period of ten days.
I have bestowed by consideration on this interim bail application.
Having regard to the facts and circumstances of the case, I feel persuaded to accede to prayer of petitioner for interim bail/parole for ten days on compassionate grounds.
According this interim bail application is allowed and it is ordered that petitioner, Dhan Singh S/o Bhanwar Singh, arrested in connection with F.I.R. No.83/2015 of Police Station Sayla, District Jalore, may be released on interim bail for a period of ten days from the date of his release; provided he furnishes a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of learned trial Court. It is needless to observe that after availing the interim bail, the petitioner shall surrender before the concerned jail authorities.
(P.K. LOHRA) J.