Document Fragment View

Matching Fragments

Learned counsel for the appellants submits that the trial Court has already suspended the jail sentence of the appellants till 05.03.2015 and the appellants had already deposited the fine amount. The appeal would take considerable time to dispose of finally. Hence, he prays for suspension of jail sentence and grant of bail to the appellant.

Learned Panel Lawyer has no objection in allowing the I.A. On due consideration of the submissions advanced by the learned counsel on behalf of the parties along with the fact that trial Court has already suspended the jail sentence of the appellants, but without commenting upon the merits of the case, I am of the view that it is a fit case for suspension of jail sentence and grant of bail to the appellants, therefore, the application is allowed. The execution of remaining jail sentence of the appellants is hereby suspended and it is ordered that they shall be released on bail subject to depositing the fine amount, if any, and furnishing 'each' a personal bond in the sum of Rs. 30,000/- ( Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of trial Court for their appearance before the Court of CJM Morena first time on 05.03.2015 and thereafter, on such dates, which shall not be less than the period of three months, as may be fixed by it in this regard, until further orders.

Learned Panel Lawyer opposes the bail application on the ground that the applicant is a resident of U.P. State if he is released on bail, he may abscond. It is also submitted by him that if this Court deems it proper to grant him bail, then he be ordered to submit the local surety of the district Datia.

On due consideration of the above facts and circumstances of the case, the submissions advanced on behalf of the parties by their counsel, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail. Hence, the application is allowed. It is therefore, ordered that applicant Raj Kumar @ Pappu be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five thousand only) with one local solvent surety of district Datia, in same amount to the satisfaction of the concerned Court for his appearance on all the dates as may be fixed by it in this regard. In case of bail jump, the concerned Court will have power to cancel the applicant's bail.

Learned counsel for the applicant submits that in view of the facts and circumstances of the case no offence under Section 304 of the IPC is made out against the applicants, as the deceased is trained lineman and he should have taken due precaution and care before restoring the power supply. As such he died of his own negligence. Upon these submissions, prayer is made for grant of anticipatory bail.

Learned panel lawyer opposes the prayer. Considering the facts and circumstances of the case, the submissions advanced by the counsel for the parties by their counsel, but without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of anticipatory bail to the applicant. Accordingly, this application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid crime number and the offences, the applicants namely Ramkrishan and Halke be released on bail on each of them furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty thousand only) with one solvent surety in the like amount to the satisfaction of the arresting police officer.

Learned Public Prosecutor opposes the prayer. On due consideration of the facts and circumstances of the case, the submissions advanced on behalf of the parties by their counsel and the D.N.A. report, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail. Hence, the application is allowed. It is therefore, ordered that applicant Prem Singh be released on bail on his furnishing a personal bond in the sum of Rs. 40,000/- (Rupees Forty thousand only) with one solvent surety in like amount to the satisfaction of the concerned Court for his appearance on all the dates as may be fixed by it in this regard. In case of bail jump, the concerned Court will have power to cancel the applicant's bail.