Oma Ram Vs. State - Court Judgment

Excerpt:
1 of 2 in the high court of judicature for rajasthan at jodhpur order s.b. criminal misc. bail application no.4272/2012 oma ram vs. state of rajasthan date of order:28. 06/2012. present hon'ble mr. justice gopal krishan vyas, v.j.mr. p.n. mohanani, for the petitioner. mr. anil upadhayay, pp for the state. -- heard learned counsel for the applicant and the learned public prosecutor and also perused the material available on record. it is submitted that the petitioner is in judicial custody in connection with fir no.44/2011, of police station- anandpur kalu, district pali for the offence u/s 457 and 380 of ipc. learned counsel for the petitioner submits that no recovery or investigation is to made from the petitioner now, and he is in judicial custody since his arrest. he, therefore, prayed that petitioner may also be enlarged on bail. learned public prosecutor vehemently opposed the bail application and submitted that the petitioner is not entitled for bail. 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 2 of 2 just and proper to enlarge the accused applicant on bail. accordingly, this bail application filed under sec.439 cr.p.c. is allowed and it is directed that the applicant, oma ram s/o udaram, shall be released on bail in connection with fir no.44/2011 of police station- anandpur kalu, district pali provided he 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (gopal krishan vyas), v.j.dj/- 58

Judgment:
1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Criminal Misc. Bail Application No.4272/2012 Oma Ram Vs. State of Rajasthan Date of Order:

28. 06/2012. PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS, V.J.

Mr. P.N. Mohanani, for the petitioner. Mr. Anil Upadhayay, PP for the State. -- Heard learned counsel for the applicant and the learned Public Prosecutor and also perused the material available on record. It is submitted that the petitioner is in judicial custody in connection with FIR No.44/2011, of Police Station- Anandpur Kalu, District Pali for the offence u/s 457 and 380 of IPC. Learned counsel for the petitioner submits that no recovery or investigation is to made from the petitioner now, and he is in judicial custody since his arrest. He, therefore, prayed that petitioner may also be enlarged on bail. Learned Public Prosecutor vehemently opposed the bail application and submitted that the petitioner is not entitled for bail. 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 2 of 2 just and proper to enlarge the accused applicant on bail. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that the applicant, Oma Ram S/o Udaram, shall be released on bail in connection with FIR No.44/2011 of Police Station- Anandpur Kalu, District Pali provided he 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (GOPAL KRISHAN VYAS), V.J.

DJ/- 58