Rajasthan High Court - Jaipur
Vishram Saini vs State Of Rajasthan Through Pp on 28 February, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 2741 / 2018
Vishram Saini S/o Ramhet Saini, B/c Mali, R/o Village Kali Pahadi
Tan Sakat, Tehsil Rajgarh P.S. Tehla ,district Alwar (at Present
Confined in District Jail Alwar)
----Petitioner
Versus
State of Rajasthan Through PP.
----Respondent
Connected With S.B. Criminal Miscellaneous Bail No. 2742 / 2018 Gopal Saini S/o Kajod B/c Maali, Aged About 35 Years, R/o Sakat Tehsil Rajgarh District Alwar Raj. (in Central Jail Alwar Since 01.10.2017)
----Petitioner Versus State of Rajasthan Through PP.
----Respondent _____________________________________________________ For Petitioner(s) : Mr. Raj Kumar Sharma Mr. Kapil Bardhar For Respondent(s) : Mr. Sudesh Saini, PP For complainant(s): Mr. Mohar Pal Meena _____________________________________________________ HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 28/02/2018
1. Petitioners have filed these bail applications under Section 439 of Cr.P.C.
2. F.I.R. No.321/2017 was registered at Police Station Tehla, Alwar for offence under Sections 341, 323, 302, 143 of I.P.C.
3. It is contended by counsel for the petitioners that there is a cross F.I.R. in this case. The injury which has resulted into death (2 of 2) [CRLMB-2741/2018] of Poonia Ram is assigned to Kailash Chand Saini whose bail application was rejected by this Court. It is also contended that in the F.I.R. filed by the petitioners-party, charge-sheet has been filed against complainant-party.
4. Learned Public Prosecutor and counsel for the complainant have opposed these bail applications. Their contention is that cross F.I.R. filed by the petitioners-party is delayed by one day and there are allegations against present petitioners of causing injury to the complainant side.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioners, I deem it proper to allow these bail applications.
7. These bail applications are accordingly allowed and it is directed that accused petitioners shall be released on bail provided they furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
8. A copy of this order be placed in connected file.
(PANKAJ BHANDARI)J. Arti/168-169