Sharwan And Others vs State

Vinit Kumar Mathur, J

S.B. Criminal Misc. Bail Application No. 767/2022

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

206/2021, Police Station Rajeev Gandhi Nagar, District Jodhpur for the offence under Sections 341, 307, 327 of IPC and Sections 3/25, 5/25 and 27 of

Arms Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the petitioner is facing incarceration since 14.12.2021. He further submits that the petitioner was not

present at the time of incident and no overt act is attributed to the present petitioner. There is no case of the like nature pending or decided against the

petitioners. Therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation

of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner â€" Sharwan S/o

Hasti Mal Sen arrested in connection with F.I.R. No. 206/2021, Police Station Rajeev Gandhi Nagar, District Jodhpur shall be released on bail

provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five

Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and

when called upon to do so.

S.B. Criminal Misc. Bail Application No. 221/2022

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

Learned counsel for the petitioner submits that he does not want to press the present bail application at this stage however, seeks liberty to file fresh

bail application after filing of the charge-sheet.

Accordingly, the present bail application is dismissed as not pressed with the liberty as prayed for.