Ram Prasad and anr Vs. State

Ram Prasad and anr vs State

Type Court Judgment Court Rajasthan Jodhpur Decided Jun 22, 2012

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https://sooperkanoon.com/case/973415

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Citation: sooperkanoon.com/973415
Court: Rajasthan Jodhpur High Court
Decided On: Jun 22, 2012
Subject: MRTP

Case Summary

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

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Ram Prasad and anr

Respondent

State

Excerpt

.....ipc at police station- kuchera, district nagaur.3. learned counsel for the applicants submitted that initially the case was registered against the applicants for bailable offences under sections 147, 148, 149, 323 and 341 ipc, however, later on offences under sections 326 and 307 were added. learned counsel for the applicant further submitted that even if the case of the prosecution as projected is accepted, the offence shall not travel beyond section 325 of ipc. it is submitted that applicants are behind the bars since 03.06.2012 and no recovery is to be made from the 2 of 2 applicants, therefore, on the facts and in the circumstances of the case, the applicants deserve to be enlarged on bail.4. learned public prosecutor opposed the bail application.5. having regard to the nature of accusation and taking into consideration 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 enlarge the accused applicants on bail.6. accordingly, this bail application filed under sec.439 cr.p.c. is allowed and it is directed that applicants, (1) ram prasad s/o ramdev and (2) sultan ram s/o madan ram, shall be released on bail in connection with fir no.80/2012 of police station-kuchera, district nagaur provided each of them executes a personal bond for a sum of rs.20,000/- with two sound and solvent sureties of rs.10,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (sangeet lodha), v.j.dj/- s-66

Full Judgment

1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Criminal Misc. Bail Application No.4173/2012 Ram Prasad & Anr. Vs. State of Rajasthan Date of Order:

22. 06/2012. PRESENT HON'BLE MR. JUSTICE SANGEET LODHA, V.J.

Mr. Sunil Ranwah, for the applicants. Mr. Mahipal Bishnoi, PP for the State. Mr. Suhil Kumar, for the complainant. -- 1. Heard learned counsel for the applicants, learned counsel for the complainant and the learned Public Prosecutor and also perused the material available on record.

2. An FIR (80/2012) has been registered inter-alia against the applicants herein for commission of offences under Sections 323, 326 and 307 of IPC at Police Station- Kuchera, District Nagaur.

3. Learned counsel for the applicants submitted that initially the case was registered against the applicants for bailable offences under Sections 147, 148, 149, 323 and 341 IPC, however, later on offences under Sections 326 and 307 were added. Learned counsel for the applicant further submitted that even if the case of the prosecution as projected is accepted, the offence shall not travel beyond Section 325 of IPC. It is submitted that applicants are behind the bars since 03.06.2012 and no recovery is to be made from the 2 of 2 applicants, therefore, on the facts and in the circumstances of the case, the applicants deserve to be enlarged on bail.

4. Learned Public Prosecutor opposed the bail application.

5. Having regard to the nature of accusation and taking into consideration 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 enlarge the accused applicants on bail.

6. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that applicants, (1) Ram Prasad S/o Ramdev and (2) Sultan Ram S/o Madan Ram, shall be released on bail in connection with FIR No.80/2012 of Police Station-Kuchera, District Nagaur provided each of them executes a personal bond for a sum of Rs.20,000/- with two sound and solvent sureties of Rs.10,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (SANGEET LODHA), V.J.

DJ/- S-66

Same Court & Year Rajasthan Jodhpur · 2012 Same Parties Ram Prasad and anr vs State Same Subject MRTP