Shanker Lal Vs. State of Rajasthan

Shanker Lal vs State of Rajasthan

Disposition Appeal allowed Court Rajasthan Decided Apr 10, 1990

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Citation: sooperkanoon.com/764705
Court: Rajasthan High Court
Judge: Sobhagmal Jain, J.
Decided On: Apr 10, 1990
Case Number: S.B. Cr. Misc. IInd Bail Application No. 480 of 1990
Subject: Criminal
Disposition: Appeal allowed

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code - Section 304-A and Criminal Procedure Code--Section 439--Bail--Accused in jail for 2 months--Accused not to drive vehicle--Held, it is desirable that accused be released on bail.;The accused who has been in jail for about two months and that he will not drive any vehicle to avoid repetition of the offenc...

Key legal issue: Criminal
Outcome / disposition: Appeal allowed

Parties & Advocates

Appellant / Petitioner

Shanker Lal

Respondent

State of Rajasthan

Legal References

Reported In: 1990(1)WLN626

Excerpt

penal code - section 304-a and criminal procedure code--section 439--bail--accused in jail for 2 months--accused not to drive vehicle--held, it is desirable that accused be released on bail.;the accused who has been in jail for about two months and that he will not drive any vehicle to avoid repetition of the offence, it appears desirable that the accused may be released on bail.;bail granted. - sobhagmal jain, j.1. this is a second bail application filed on behalf of the petitioner. the first bail application was dismissed, as not pressed, on march 23, 1990, liberty was, how ever, given at that time to the petitioner to move a fresh bail application after one month. although, the period of one month is not over, the petitioner has moved the present petition and his counsel submits that now that the challan has been filed and the accusations made do sot, in no way, make out a case under section 304a, ipc, the petitioner be enlarged on bail as he has already been in custody for about two months. learned counsel for the petitioner also gives an under taking on behalf of the petitioner that the petitioner shall not drive any vehicle and will not obtain the licence seized by the police during the pendency of the trial.2. having regard to the circumstances of the case and the fact that the accused has been in jail for about two months and that he will not drive any vehicle to avoid repetition of the offence, it appears desirable that the accused may be released on bail.3. accordingly, it is directed that the accused petitioner shankar lal s/o bhawanji shall be released on bail, provided he furnishes a personal bond in the sum of rs. 10,000/- (rupees ten thousand only) with two sureties of rs. 5,000/- (rupees five thousand only) each to the satisfaction of the sessions judge, sirohi, for his appearance in the trial court on each and every date of hearing or when ever called upon to do so during the trial.

Full Judgment

Sobhagmal Jain, J.

1. This is a second bail application filed on behalf of the petitioner. The first bail application was dismissed, as not pressed, on March 23, 1990, Liberty was, how ever, given at that time to the petitioner to move a fresh bail application after one month. Although, the period of one month is not over, the petitioner has moved the present petition and his counsel submits that now that the challan has been filed and the accusations made do sot, in no way, make out a case Under Section 304A, IPC, the petitioner be enlarged on bail as he has already been in custody for about two months. Learned Counsel for the petitioner also gives an under taking on behalf of the petitioner that the petitioner shall not drive any vehicle and will not obtain the licence seized by the police during the pendency of the trial.

2. Having regard to the circumstances of the case and the fact that the accused has been in jail for about two months and that he will not drive any vehicle to avoid repetition of the offence, it appears desirable that the accused may be released on bail.

3. Accordingly, it is directed that the accused petitioner Shankar Lal s/o Bhawanji shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties of Rs. 5,000/- (Rupees five thousand only) each to the satisfaction of the Sessions Judge, Sirohi, for his appearance in the trial court on each and every date of hearing or when ever called upon to do so during the trial.

Same Court & Year Rajasthan · 1990 Same Parties Shanker Lal vs State of Rajasthan Same Subject Criminal Same Judge Sobhagmal Jain, J.

Criminal