High CourtsSingle Bench

Banshiram vs State Of Rajasthan

Rajasthan High Court · Decided on 10 April 2023 · Citation: (2023) 04 RAJ CK 0033

HON’BLE JUDGES
Madan Gopal Vyas, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 380, 457 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 3476 Of 2023
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Judgment

6 paragraphs · 251 words

Madan Gopal Vyas, J

The petitioner has been arrested in connection with FIR No.30/2023 of Police Station Kotwali Jaisalmer, District Jaisalmer for the offences punishable under Sections 457, 380 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offences are triable by the First Class Magistrate. The accused-petitioner is in judicial custody since long. Charge-sheet has been filed and trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioner is a habitual offender.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Banshiram S/o Shri Ramlal @ Ridmalram shall be released on bail in connection with FIR No.30/2023 of Police Station Kotwali Jaisalmer, District Jaisalmer provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.