High CourtsSingle Bench

Sunil vs State Of Rajasthan

Rajasthan High Court · Decided on 16 March 2023 · Citation: (2023) 03 RAJ CK 0069

HON’BLE JUDGES
Dr. Nupur Bhati, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 302 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Interim Bail Application No. 2673 Of 2023
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Judgment

10 paragraphs · 342 words

Dr. Nupur Bhati, J

1.

The lawyers are abstaining from work on account of strike.

2.

The matter comes up on an interim bail application preferred on behalf of the petitioner.

3.

Mr. Vikash Vishnoi, petitioner’s brother, present in person, submits that his marriage is scheduled to be held on 25.03.2023. He submits that the petitioner is his elder brother and it is necessary for him to attend the marriage, which is scheduled to be held on 25.03.2023.

4.

Learned Public Prosecutor opposed the interim bail application while submitting that there are four cases pending against the petitioner out of which, one case is pending under Section 302 IPC. He also submits that the petitioner has already been enlarged on bail for the offence under Section 302 IPC. He also submits that the fact of marriage of petitioner’s brother scheduled to be held on 25.03.2023 has been verified.

5.

Heard petitioner’s brother present in person and learned Public Prosecutor and also perused the material available on record.

6.

This Court having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, is of the opinion that the bail application filed by the petitioner deserves to be accepted and petitioner deserves to be enlarged on interim bail for period of five days from 22.03.2023 to 26.03.2023.

7.

Consequently, the application for interim bail filed under Section 439 CrPC is allowed. It is ordered that petitioner- Sunil S/o Sh. Kishna Ram, shall be released on interim bail up till 26.03.2023 on his furnishing personal bond of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each (out of which one shall be of accused-petitioner’s close family member) to the satisfaction of the learned trial Court that he shall surrender before the concerned Jail Authorities on 27.03.2023.

7.

It is further directed that if the petitioner fails to surrender before the learned Court below on 27.03.2023, then, the surety amount of Rs.2,00,000/- would be forfeited.

5.

Let this bail application be again listed on 28.03.2023.