Rajasthan High Court - Jodhpur
Mangi Lal & Ors vs State on 2 May, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
// 1 //
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
ORDER
In
S.B. Cr. Misc. Bail Application No.2893/2012
Mangi Lal, Kasam Khan and Sharwan Ram
Vs. State of Rajasthan through Public
Prosecutor
Date of Order ::: 02.05.2012
Hon'ble Mr. Justice Mohammad Rafiq
Shri Vineet Jain, counsel for petitioners
Shri Mahipal Bishnoi, Public Prosecutor
#####
By the Court:-
On hearing learned counsel for petitioners as well as learned Public Prosecutor and perusing material made available during course of arguments, I am not inclined to grant indulgence of pre-arrest bail to Petitioner no.1 Mangi Lal S/o Naru Ram. His bail application is accordingly dismissed. However, he may surrender before the court below and apply for regular bail, which court may consider and decide his bail at the earliest.
So far accused-petitioners no.2 and 3, namely, Kasam Khan and Sharwan Ram are concerned, contention of learned counsel for petitioners is that they have been falsely implicated in the present case. Petitioners have not been attributed any specific overt act of participation. They are not required for investigation and they are ready to cooperate with the investigation. There is no // 2 // likelihood of petitioners absconding or tampering with prosecution evidence. Petitioners would undertake to cooperative with investigation Having regard to the facts aforesaid and all other facts and circumstances of the cases, I am inclined to grant the indulgence of pre-arrest bail to the petitioners no.2 and 3.
In the result, bail application of petitioners no.2 and 3 under Section 438 Cr.P.C. is allowed and it is directed that in event of arrest of petitioners no.2 and 3, namely, Kasam Khan S/o Noor Mohd., R/o Village Barju, Tehsil Pugal, District Bikaner and Sharwan Ram S/o Hazari Ram, R/o Raowala, Tehsil Kolayat, District Bikaner, in FIR No.54/2012, Police Station Bichhwal, District Bikaner, under Sections147, 148, 149, 341, 323, 332, 353 IPC and Section 3 of the P.D.P.P. Act, they shall be released on bail by concerned SHO/ Investigating Officer, provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- to his satisfaction on the following conditions: -
1) that petitioners shall make themselves available for interrogation by a police officer as and when required;
2) that petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer; and // 3 //
3) that petitioners shall not leave India without previous permission of the Court.
(Mohammad Rafiq) J.
//Jaiman//68