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Judgment
23 paragraphs · 459 wordsThe present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with
F.I.R. No.110/2019, Police Station Khedapa, District Jodhpur, registered for the offences under Section 341, 323, 325, 307/34 of IPC.
Heard learned counsel for the petitioner appearing through video conferencing and learned Public Prosecutor present in person. Perused the material
available on record.
Learned counsel for the petitioner seeks interim bail for a period of two months on the ground for treatment of his mother who is seriously ill. He
further stated that no other male member is available for treatment of his mother, therefore, he prayed that interim bail for a period of two months may
be granted to the accused-petitioner.
Learned Public Prosecutor has submitted factual report, as per that, the fact of illness of petitioner's mother is found to be correct and there is no
other male member available in his family for treatment of his mother. But, in that report, it is also mentioned that when petitioner was granted Parole
on 04.11.2020, he celebrated that occasion with music of DJ, therefore, it is the apprehension of Police Officials that harmony between complainant
party and accused-petitioner will be affected.
In reply, learned counsel for the petitioner assured that this type of allegation is false and further stated that if this allegation of celebration is found to
be correct, he assured that, it will not be repeated again if accused-petitioner is released on interim bail.
Having regard to the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits/demerits of the
case, I deem it just and proper to enlarge the accused-petitioner on interim bail under Section 439 Cr.P.C. only for a period of twenty days from the
date of his actual release for treatment of petitioner's ill mother.
Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that accused-petitioner- Rajuram S/o Manglaram
Ji, shall be released in connection with FIR No.110/2019, Police Station Khedapa, District Jodhpur, on interim bail for a period of twenty days from the
date of his actual release from prison on usual terms and conditions to be imposed by the concerned Jail Superintendent and concerned Superintendent
of Jail is directed to ensure surrender of the accused-petitioner, provided he furnishes a personal bond in the sum of Rs.2,00,000/- along with two
sound and solvent sureties of Rs.1,00,000/- (out of which one shall be of a close family member) each to the satisfaction of the concerned Jail
Superintendent on usual conditions. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for surrender
of the petitioner in prison.
