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2009 DIGILAW 2568 (RAJ)

Bula Ram v. State of Rajasthan

2009-12-18

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order governs the disposed of fourth bail application filed under Section 439 of Cr.P.C. by Mr. Suresh Dhenwal Advocate on behalf of the applicant Bula Ram pertaining to F.I.R. No. 168/2009 at Police Station, Shahajahnapur, district Alwar, in the offences under Sections 143, 323, 341 and 307/34 of I.P.C. (police submitted challan for the offences under Sections 323, 341 and 307/34 of I.P.C.). 2. Heard learned counsel for the petitioner, learned counsel for the complainant as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the co-accused Ram Chandra was released on bail by this Court vide order dated 10.8.2009 and other co-accused Vijay Kumar has been granted bail by the Hon'ble Apex Court vide order dated 7.12.2009. The petitioner's case is akin to those of the two co-accused persons. He is alleged to have caused injury on the right hand of the inured with club. The petitioner has been in custody for last five months, hence, on the ground of parity, he may also be granted indulgence of bail. 4. Learned counsel for the complainant as also learned Public Prosecutor appearing for the State have vehemently opposed the bail petition on the ground that the bail application of Vijay Kumar was pending in the High Court and during pendency of that bail application, one another bail petition was filed before the Hon'ble Apex Court, wherein the bail was granted and this fact was suppressed before the Hon'ble Apex Court. Learned counsel for the complainant has further contended that in M.N. Dinesh's Case, bail was cancelled by the Hon'ble Apex Court on the ground of suppression of facts. The petitioner along with other co-accused persons was convicted in one Sessions Case No. 59/1986 of ADJ No. 2, Alwar in the offence under Section 302 of I.P.C. of which appeal has been pending in the High Court. The petitioner after getting bail in one case, repeated the offence twice and thus, he is a habitual offender. In such a situation, application should not be allowed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the bail of co-accused Ram Chandra was granted on the ground that he was 80 years of age. In such a situation, application should not be allowed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the bail of co-accused Ram Chandra was granted on the ground that he was 80 years of age. The bail of Vijay Kumar has been granted by the Hon'ble Apex Court. So far as the petitioner is concerned, he is of the age of 65 years. He is not alleged to have caused any such injury which may be described to dangerous to life. In fact, he is alleged to have caused injury on the right hand of the injured. When his first bail application was dismissed on 8.9.2009, the case was pending investigation. Now, the police, after completion of investigation, has filed the charge-sheet in the Court, which is pending trial. Hence, in view of the above changed fact situation of the case, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the accused petitioner on the ground of parity and thus, the fourth bail petition deserves to be allowed. 6. It is, therefore, ordered that the accused petitioner Bula Ram in F.I.R. No. 168/2009 at Police Station, Shahajahnapur, district Alwar shall be released on bail on furnishing personal bond in the sum of Rs. 1,00,000/- together with two surety bonds each in the sum of Rs. 50,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made clear that in case, the petitioner is arrested in any other criminal case of alike nature in future, the bail granted to the petitioner shall stand automatically cancelled without reference to this Court. A copy of the order be sent to the concerned Police Station as also to the concerned trial Court for their information.Bail application allowed. *******