High CourtsSingle Bench

Hemant Sindhi @ Hemu vs State Of Rajasthan

Rajasthan High Court · Decided on 7 November 2022 · Citation: (2022) 11 RAJ CK 0026

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 332, 353 · Arms Act, 1959 — Section 3, 25, 27
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 9590 Of 2022
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Judgment

6 paragraphs · 288 words

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.03/2021, registered at Police Station Mandar, District Sirohi, for offences punishable under Sections 332, 353, 307/34 of Indian Penal Code and 3/25, 27 Arms Act.

Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submits that similarly situated co-accused namely Kamlesh, Rajvir @ Raju, Sumit Kumar and Daulat Lal have already been enlarged on bail by the trial court itself and the case of the present petitioner is not distinguishable to those of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. Having considered the submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Hemant Sindhi @ Hemu S/o Ghanshyamdas arrested in connection with F.I.R. No.03/2021, registered at Police Station Mandar, District Sirohi shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.