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1999 DIGILAW 747 (RAJ)

Om Prakash S/o Ram Kishan v. State of Rajasthan

1999-06-02

AMARESH KUMAR SINGH

body1999
JUDGMENT 1. -The application for bail under section 439 of Criminal Procedure Code against the order dated 22.3.1999 passed by the learned Addl. Sessions Judge, Nohar in Criminal Misc. Case No. 39/99 & 40/99 in connection with FIR No. 287/98 police station Bhadra, District Hanumangarh by the Court order. 2. Heard the learned counsel for the petitioner and perused the case diary of the FIR No. 287/98 registered at police station Bhadra. 3. Both these applications arise from the same FIR. it is therefore just and proper to dispose both the application of bail together. 4. The petitioner-Om Prakash and Karni Singh have been arrested by the police in connection with investigation of FIR No. 287/98 registered at police station Bhadra, District Hanumangarh. The offences alleged against the petitioner are punishable ulss. 395, 397, 337 & 147 of the 1PC and Section 27 of Indian Arms Act. 5. It appears that the FIR was registered on the information given by Mohanlal. According to the FIR given by Mohanlal. some construction work was entrusted to Om Prakash Godara who entrusted the work to Ram Murti. Mohan Lal had obtained one jeep No. MDI 550 from his father for the purpose of carrying out the construction work. On 6.8.1999 at about 9.00 to 9.15 p.m., the jeep was standing near the bridge, at that time a maruti car reached there and persons who were in the maruti car asked Mohanlal to give his jeep to them and their jeep had gone out of order. They wanted to carry liquor in the jeep. When Mohan Lal refused to lend his jeep to them, they came out of the maruti car and fired 2-3 shots and started the jeep with the help of screw driver and ran away. On the basis of the FIR the police registered a case under section 382, 336 & 147 of the 1PC and Indian Arms Act. 6. The jeep has been recovered and fire arms have also been recovered in pursuance of the information given by Om Prakash. The FIR does not contain the names of the accused persons. 7. On the basis of the FIR the police registered a case under section 382, 336 & 147 of the 1PC and Indian Arms Act. 6. The jeep has been recovered and fire arms have also been recovered in pursuance of the information given by Om Prakash. The FIR does not contain the names of the accused persons. 7. Having regard to the facts and circumstances of the case, is just and proper to allow this application under section 439 of the Cr.P.C. The applications for hail on behalf of Om Prakash and Karni Singh are therefore allowed and it is ordered that the petitioners shall be released on bail provided each of them furnishes two sureties of Rs. 5,000/- and personal bond of Rs. 10,000/- to the satisfaction of the trial Magistrate.Bail allowed. *******