Rajasthan High Court - Jaipur
Mangtu Singh And Ors vs State Of Raj Asthan Through Pp on 23 February, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Appl. No. 1252/2011 Mangtu Singh and Anr. Vs. The State of Raj. Dated : 23.02.2011 HON'BLE MR. MAHESH BHAGWATI,J. Mr. RN Sharma, for the petitioners.
Mr. GS Rathore, PP for the State.
***** This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri RN Sharma, Advocate on behalf of the applicants pertaining to criminal case No.211/2000 pending in the Court of Additional Sessions Judge, Laxmangarh, District Alwar for the offence under Section 323, 324, 341 and 325 of IPC.
2. Heard the learned counsel for the petitioners as also learned Public Prosecutor for the State and perused the material on record.
3. Learned counsel for the petitioners canvassed that both the parties being loggerheads lodged the FIRs against each other and in case No.39/2004 wherein the complainant party were the accused, both the parties arrived at a compromise and the same was filed in the Court. The learned trial Court having verified the compound petition, acquitted them of the offences under Section 324 and 323 read with Section 149 of IPC. Since one of the injured did not -2- compound the case, the trial went on. In the meantime Jhabbu Singh expired. It is submitted that Jhabbu Singh was murdered by the complainant party and after completion of trial, accused of this case were convicted for the offence under Section 302 of IPC. The petitioners are the brothers of deceased Jhabbu Singh who refused to compound the case. The petitioners have been facing the trial for the offences u/s 323, 324, 341 and 325 of IPC but their bail bonds were forfeited on 8th March, 2002 on account of their non-appearance. Now onwards they shall be attending the Court on each date of hearing. Hence, they should be granted one more opportunity to defend their case independently while remaining on bail.
4. Learned Public Prosecutor appearing for the State has opposed the bail petition.
5. Having considered the submissions made at the bar and carefully perused the relevant material on record, I, without expressing any opinion on the merits of the case, feel inclined to grant one more opportunity to defend their case independently and their bail petition is allowed.
6. It is, therefore, ordered that the bail application filed on behalf of the petitioners namely Mangtu Singh S/o Shri Moti Singh and Kallu Singh S/o Shri Moti Singh is allowed and they shall be -3- released on bail, provided each of them furnishes a personal bond in the sum of Rs.30,000/- (Rs. Thirty thousand only) together with two surety bonds each of Rs.15,000/-(Rs.Fifteen thousand) to the satisfaction of the learned trial Court with the stipulation that they 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.
7. However, it is made clear that in case the petitioners do not attend the trial in future and unless the case is finally decided without any cogent reason, the bail granted to them by this Court shall stand dismissed automatically by the learned trial Court without making any further reference to this Court.
(MAHESH BHAGWATI),J.
PcG