Rajasthan High Court - Jodhpur
Sudheep Bishwas vs State on 9 November, 2021
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13702/2021
Sudheep Bishwas S/o Kumud Bishwas, Aged About 36 Years, R/o
Bahaduriya, Police Station Tahirpur, District Nandiya, West
Bengal, Presently Residing At Chamunderi, Police Station Nana,
District Pali (Raj.) (Presently Lodged At Sub Jail, Bali)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. P.S. Champawat
For Respondent(s) : Mr. Javed Gouri, PP
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 09/11/2021 Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material on record.
The petitioner, who has been arrested in FIR No.149/2021 registered at Police Station Nana, District Pali for the offence punishable under Sections 269, 270, 419, 420 and 304 IPC and 17(4) Indian Medical Central Council Act, has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submitted that although initially FIR was registered under Section 302 IPC. However, after investigation, police has submitted charge-sheet against the petitioner under Section 304-A IPC. Learned counsel for the petitioner further submitted that the allegation against the petitioner is that he administered the wrong injection to the minor daughter of the complainant and because of that injection, she (Downloaded on 10/11/2021 at 08:21:21 PM) (2 of 2) [CRLMB-13702/2021] died. Learned counsel for the petitioner also submitted that the petitioner is in judicial custody since 31.08.2021 and the offence under which the chargesheet has been filed are triable by a Magistrate. Therefore, he prays to enlarge the petitioner on bail.
Mr. Javed Gouri, learned Public Prosecutor has opposed the bail application and submitted that no previous case of alike nature is pending against the petitioner.
Having regard to the contentions made by the learned counsel for the petitioner and the learned Public Prosecutor, as also the material on record, particularly looking to the fact that the chargesheet has been filed under Section 304-A IPC and no previous cases are pending against the petitioner, as stated by learned Public Prosecutor, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sudheep Bishwas S/o Kumud Bishwas shall be released on bail in connection with FIR No.149/2021 registered at Police Station Nana, District Pali provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(SUDESH BANSAL),J 29-AnilKC/-
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