Dinesh Sankhala vs State Of Rajasthan

Heard learned counsel for the parties and also perused the material on record.

The petitioner has been arrested in FIR No.119/2018 of Police Station Kotwali Nagaur, District Nagaur for the offences punishable under Sections 341, 109/115, 120-B, 148, 302/149, 364/149 and 201 IPC and Section 4/25 of Arms Act. He has preferred this interim bail application under Section 439 Cr.P.C. with a prayer for releasing him on interim bail for a period of two months on medical ground.

Learned counsel for the petitioner has submitted that as the petitioner was assaulted and received grievous injuries such as multiple fractures, some implants were inserted into his hands and legs, however, due to long time the said implants are causing severe pain to the petitioner, therefore, they are now required to be removed. It is submitted that the said implants were inserted into the body of the petitioner by a hospital at Jodhpur and the same are now required to be removed by the said hospital only.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the interim bail application.

Learned Public Prosecutor has submitted as per the medical report of the Medical Officer, Jail Dispensary, Nagaur, who has also opined that some implants are required to be removed and thereafter the petitioner would also be required post operative care for four to six weeks.

Having regard to the totality of the above facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant interim bail to the accused petitioner under Section 439 Cr.P.C. for a period of 8 weeks from the date of his actual release.

Accordingly, this interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Dinesh Sankhala S/o Sunder Lal shall be released on interim bail for a period of eight weeks from the date of his actual release in connection with FIR No.119/2018 of Police Station Kotwali Nagaur, District Nagaur provided he executes a personal bond in a sum of Rs.5,00,000/- with two local sound and solvent sureties of Rs.2,50,000/- each to the satisfaction of the trial court.

It is directed that petitioner - Dinesh Sankhala S/o Sunder Lal shall surrender himself before the Superintendent, District Jail, Nagaur on completion of eight weeks from the date of his actual release before 05:00 PM positively.