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Mohan Lal And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 4 January 2019 · Citation: (2019) 01 RAJ CK 0036

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 143, 307, 323, 341 · Arms Act, 1959 — Section 3, 25 · Code Of Criminal Procedure, 1973 — Section 439
CASE NUMBER
Criminal Miscellaneous Bail No. 13134 Of 2018
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Judgment

7 paragraphs · 361 words

Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.120/2018 of Police Station Gudamalani, District Barmer for the offences punishable under Sections 143, 341, 323 and 307 IPC and Section 3/25 of Arms Act. They have preferred this bail application under Section 439 Cr.P.C.

At the outset learned counsel for the petitioners has submitted that he does not want to press this criminal misc. bail application preferred on behalf of petitioner No.1-Mohan Lal S/o Ramchandra.

Accordingly, the criminal misc. bail application preferred on behalf of petitioner No.1-Mohan Lal S/o Ramchandra under Section 439 Cr.P.C. is dismissed as not pressed.

So far as petitioner Nos.2 to 4 are concerned, learned counsel for the petitioners has argued that the allegation of firing gun-shot upon the injured is against co-accused petitioner No.1-Mohan Lal and no specific role has been assigned to the petitioner Nos.2 to 4. It is submitted that the gun has also been recovered at the instance of co-accused petitioner No.1-Mohan Lal. It is also submitted that the charge-sheet has already been filed and the trial of the case will take time.

Learned Public Prosecutor has opposed the bail application. 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 Nos.2 to 4 under Section 439 Cr.P.C.

Accordingly, this bail application preferred on behalf of the petitioner Nos. - (2) Om Prakash S/o Sawai Ram, (3) Jalaram S/o Hemaram and (4) Ramesh Kumar S/o Suja Ram under Section 439 Cr.P.C. is allowed and it is directed that they shall be released on bail in connection with FIR No.120/2018 of Police Station Gudamalani, District Barmer provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.