Chittar Mal Vs. State of Rajasthan - Court Judgment

SooperKanoon Citationsooperkanoon.com/773015
SubjectCriminal
CourtRajasthan High Court
Decided OnFeb-22-2002
Case NumberS.B. Cri. Misc. Bail Appl. No. 579 of 2002
Judge Jagat Singh, J.
Reported in2002(2)WLN634
AppellantChittar Mal
RespondentState of Rajasthan
Excerpt:
criminal procedure code, 1973 - section 438--anticipatory bail--f.i.r. filed for offence under sections 307, 323, and 341 i.p.c.--out of 4 injuries of injury report, 3 injuries are simple and blunt in nature--two co-accused already released on bail--held, considering all the facts and circumstances application allowed--accused applicant enlarged on anticipatory bail till filing of challan--personal bond of rs. 10,000 and two sureties of rs. 5000 each to be furnished.;application allowed - jagat singh, j.1. this is bail application filed under section 438, cr.p.c. on behalf of chittarmal against whom cr. no. 38/2002 of p.s. makarana has been registered for the offence under sections 307, 323 & 341 i.p.c.. his anticipatory bail application has been dismissed by addl. sessions judge, parbatsar by passing a detailed order dated 11.2.2002.2. learned counsel submits that according to the injury report 4 injuries were found on the person of surendra prasad. out of them 3 were found simple and blunt in nature. he further submitted that co-accused rupesh and rajendra kumar have already been released on bail by the sessions court. he submits that he is resident of distt. nagaur having immovable property, therefore, he be granted anticipatory bail.3. learned p.p. has opposed it.4. without expressing anything on the merits of the case, looking to the facts and circumstances involved herein, i feel inclined to enlarge the accused applicant on anticipatory bail.5. after considering all the facts and circumstances of the case i deem it just and proper to allow this application under section 438, cr.p.c. hence, it is ordered that applicants chittarmal shall be released on anticipatory bail till filing of challan provided he furnishes personal bond in the sum of rs. 10,000/-. [rs. ten thousand] and two sureties in the sum of rs. 5,000/- each to the satisfaction of the trial court, provided further that:(a) that he shall not make any inducement, threat or promise to anyone acquainted with facts of the case so as to dissuade him from disclosing such facts to police or court;(b) he shall cooperate with the investigating officer whenever required to do so during pendency of investigation;(c) he shall not leave india without prior permission of court.
Judgment:

Jagat Singh, J.

1. This is bail application filed under Section 438, Cr.P.C. on behalf of Chittarmal against whom CR. No. 38/2002 of P.S. Makarana has been registered for the offence under Sections 307, 323 & 341 I.P.C.. His anticipatory bail application has been dismissed by Addl. Sessions Judge, Parbatsar by passing a detailed order dated 11.2.2002.

2. learned Counsel submits that according to the injury report 4 injuries were found on the person of Surendra Prasad. Out of them 3 were found simple and blunt in nature. He further submitted that co-accused Rupesh and Rajendra Kumar have already been released on bail by the Sessions Court. He submits that he is resident of Distt. Nagaur having immovable property, therefore, he be granted anticipatory bail.

3. Learned P.P. has opposed it.

4. Without expressing anything on the merits of the case, looking to the facts and circumstances involved herein, I feel inclined to enlarge the accused applicant on anticipatory bail.

5. After considering all the facts and circumstances of the case I deem it just and proper to allow this application under Section 438, Cr.P.C. Hence, it is ordered that applicants Chittarmal shall be released on anticipatory bail till filing of challan provided he furnishes personal bond in the sum of Rs. 10,000/-. [Rs. Ten Thousand] and two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial court, provided further that:

(a) that he shall not make any inducement, threat or promise to anyone acquainted with facts of the case so as to dissuade him from disclosing such facts to Police or Court;

(b) he shall cooperate with the Investigating Officer whenever required to do so during pendency of investigation;

(c) he shall not leave India without prior permission of Court.