Rajasthan High Court - Jaipur
Mangal Ram vs State Of Raj Asthan Through Pp on 10 February, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Appl. No. 12226/2010 Mangal Ram Vs. The State of Raj. Dated : 10.02.2011 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Manish Gupta, for the petitioner.
Mr. GS Fauzdar, PP for the State.
Mr. Sandeep Pathak, for the complainant.
***** This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Manish Gupta, Advocate on behalf of the applicant Mangal Ram pertaining to F.I.R. No. 290/2010 of police station Mundawar Alwar, registered for the offences under Section 147, 148, 149, 302/149 of IPC.
2. Heard the learned counsel for the petitioner, learned counsel for the complainant as also learned Public Prosecutor for the State and perused the material on record.
3. Learned counsel for the petitioner canvassed that albeit the presence of the accused petitioner has been shown on the place of occurrence and he has been alleged to have been armed with 'Favda', but no overt-act by any of eye-witnesses namely, Veer Singh and Santosh has been ascribed to him. The petitioner is about 90 years old man and suffering from paralysis. He has been in custody since 29th October, 2010. The co-accused Lili Devi has already been enlarged on bail by the Coordinate Bench and the case of the -2- petitioner is akin to that of the co-accused. Learned counsel for the petitioner has also contended that the case of the petitioner is not distinguishable from the co-accused Lili Bai. The main allegation are against the accused persons Hargyan, Layak Ram and Mahesh. Though, the police after completion of investigation, has filed the charge-sheet in the court but the trial of the case is likely to take time. Hence, the accused petitioner who is about 90 years old man, be granted indulgence of bail.
4. Learned counsel for the complainant as also learned Public Prosecutor appearing for the State, in contra, have opposed the bail petition on the ground that the accused petitioner was very much present on the scene of occurrence, armed with deadly weapon 'Favda'. He is alleged to have caused injuries on the deceased hence, the petitioner should not be allowed bail.
5. Having considered the submissions made at the bar and carefully perused the relevant material on record, I, sans expressing any opinion on the merits of the case but keeping in view the age and role of the accused petitioner in the instant case, deem just and proper to grant indulgence of bail to the petitioner and his bail petition is allowed.
-3-6. It is, therefore, ordered that the bail application filed on behalf of the petitioner Mangal Ram S/o Shri Bhupan Singh is allowed and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) together with two sureties each of Rs.25,000/- (Rs. Twenty Five thousand) to the satisfaction of the learned trial Court with the stipulation that he shall appear before the learned trial Court on all dates of hearing and as and when called upon to do so till the trial is concluded.
(MAHESH BHAGWATI)J. Pcg