Rajasthan High Court - Jodhpur
Laxman Singh vs State on 17 September, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Criminal Misc. Bail Application No. 10242/2020
1. Laxman Singh S/o Sh. Prem Singh, Aged About 30 Years, R/o Sole Kheda, P.s. Deogarh, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand).
2. Madan Singh S/o Sh. Kesar Singh, Aged About 32 Years, R/o Mediya Kachbali, P.s. Deogarh, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand).
3. Hem Singh S/o Sh. Durg Singh, Aged About 68 Years, R/o Sole Sadela Kachbali, P.s. Deogarh, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand).
4. Mohan Singh S/o Sh. Dungar Singh, Aged About 45 Years, R/o Sole Kheda, P.s. Deogarh, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand).
5. Narayan Singh S/o Sh. Pancham Singh, Aged About 35 Years, R/o Sole Kheda, P.s. Deogarh, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand).
6. Nol Singh S/o Sh. Ven Singh, Aged About 65 Years, R/o Kali Kakar, Kachbali, P.s. Deogarh, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand).
----Petitioners Versus State of Rajasthan through PP.
----Respondent For Petitioner(s) : Mr. Swaroop Singh Sisodia through VC.
For Respondent(s) : Mr. Mukhtiyar Khan, PP.
Mr. Mahipal Singh Rathore, for the complainant through VC.
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(2 of 3) [CRLMB-10242/2020] HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 17/09/2020 Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 27/2020, Police Station Deogarh, District Rajsamand, registered for the offences under Sections 147, 148, 448, 436, 323, 427 and 149 of the Indian Penal Code.
Learned counsel for the petitioners appearing through video calling stated that the offences are triable by the Magistrate; that the accused-petitioners have falsely been implicated in this case due to political rivalry; that the compromise has been taken place between the parties and a copy of the compromise has also been submitted along with the present bail application; and that the trial will take time, therefore, benefit of bail may be granted to the present accused-petitioners.
Learned counsel appearing on behalf of the complainant through video calling also supported the arguments advanced by the learned counsel for the petitioners.
Learned Public Prosecutor has requested the Court to pass appropriate orders.
Heard and considered the arguments advanced by the learned counsel for the petitioner as well as learned counsel (Downloaded on 17/09/2020 at 09:08:58 PM) (3 of 3) [CRLMB-10242/2020] appearing on behalf of the complainant and the learned Public Prosecutor. Perused the material available on record.
Having regard to the facts and circumstances of the case, particularly to the facts that the offences are triable by the First Class Magistrate; that the compromise has also been taken place between the parties; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Laxman Singh S/o Prem Singh, (2) Madan Singh S/o Kesar Singh, (3) Hem Singh S/o Durg Singh, (4) Mohan Singh S/o Sh. Dungar Singh, (5) Narayan Singh S/o Pancham Singh and (6) Nol Singh S/o Ven Singh, all arrested in connection with F.I.R. No. 27/2020, Police Station Deogarh, District Rajsamand, shall be released on bail provided each of them furnish a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 41-Mohan/-
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