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Dhanna @ Dhanraj S/o Bal Chand vs State of Rajasthan Through P.P.

Rajasthan High Court · Decided on 12 June 2017 · Citation: (2017) 06 RAJ CK 0043

HON’BLE JUDGES
Ramchandra Singh Jhala
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-439>Section 439</a> - Special powers of High Court or Court of Session regarding bail · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-34>Section 34</a>, <a href=1767-307>Sec
CASE NUMBER
8066 of 2017
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Judgment

36 paragraphs · 268 words
1.

This bail application has been filed under

Section 439 Cr.PC in connection with FIR No.543/2016

registered at Police Station Kothwali Jhalawar, District

Jhalawar for the offences under Sections 341, 323, 307

and 34 IPC.

2.

Learned counsel for the petitioners has

contended that the petitioners have falsely been

implicated in the matter. Learned counsel for the

petitioners have further contended that petitioners have

acquitted in Sessions case no.25/2015(166/2015) by the

Additional Sessions Judge, Jhalawar vide order dated

07.09.2016 and no case is pending against the

petitioners. They are in judicial lock up since long and

conclusion of trial will take time. Hence they should be

released on bail.

3.

Learned Public Prosecutor has opposed the bail

application.

4.

Heard learned counsel for the petitioners and

learned Public Prosecutor appearing for the State and

carefully perused the relevant material made available

on record.

5.

Looking to the overall facts and circumstances

of the case, but without expressing any opinion on the

merits and demerits of the case, I deem just and proper

to enlarge the petitioners on bail.

6.

Therefore, this bail application is allowed

and it is directed that accused petitioners (1) Dhanna

Alias Dhanraj S/o Bal Chand and (2) Sheru Alias Sher

Singh S/o Kamal Singh shall be released on bail under

Section 439 CrPC in connection with aforesaid FIR

provided they furnish a personal bond of Rs.50,000/-

with two sureties of Rs.25,000/- each to the

satisfaction of the trial court with the stipulation

that they shall appear before that Court on all

subsequent dates of hearing and as and when called upon

to do so.