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Hari Singh and Another vs State of Rajasthan

Rajasthan High Court · Decided on 30 March 2011 · Citation: (2011) 03 RAJ CK 0001

HON’BLE JUDGES
Mohammad Rafiq, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 147, 148, 149, 302, 323
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 2310 of 2011
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Judgment

4 paragraphs · 243 words

Mohammad Rafiq, J.—Contention of the learned Counsel for the Petitioners is that Petitioners were not named in the FIR. Main allegation of causing head injury, which laid to death of Gangaram was actually attributed to Lalaram. Case of the Petitioners is similar to that of co-accused Uda Lal, who has already been enlarged on bail vide order dated 31/7/2002. Originally, challan was not filed against the Petitioners. Petitioners were arrested on 31/7/2010 and since then they are in jail. Case of the Petitioners is not distinguishable than that of co-accused Uda Lal. No other criminal case is pending against the Petitioners.

2.

Learned Public Prosecutor has opposed the bail application.

3.

Having regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to enlarge the Petitioners on bail.

4.

In the result, this bail application u/s 439 Code of Criminal Procedure is allowed and it is directed that Petitioners - (1) Hari Singh S/o Man Singh and (2) Raghunath S/o Man Singh shall be released on bail in FIR No. 45/2002 P.S. Chhipabadod, District Baran for offence under Sections 147, 148, 149, 323 and 302 IPC on their furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for their appearance before that court on all dates of hearing until conclusion of the trial.