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2019 DIGILAW 1588 (RAJ)

SAJJAN SINGH v. STATE OF RAJASTHAN, THROUGH P. P.

2019-05-21

VIJAY BISHNOI

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JUDGMENT : 1. Heard learned counsel for the parties and perused the material available on record. 2. The petitioners has/have been arrested in FIR No. 0134/2019 of Police Station Kotwali, Barmer for the offences punishable under Sections 306, 384, 389/120-B IPC. He/she/they has/have preferred this/these bail applications under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is argued that the allegation of instigating the deceased to commit suicide is false. It is further submitted that the deceased was the Manager of Gram Sewa Sahakari Samiti Ltd. where some misappropriation of money took place in respect of loan transactions and it is quite possible that the deceased was disturbed because enquiry regarding misappropriation was going on against him and, therefore, he committed suicide. It is further argued that investigation from the petitioners has already been completed and they are in judicial custody. It is, therefore, prayed that the petitioners may be enlarged on bail. 4. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail applications and submitted that the petitioners are habitual offenders and around 22 cases of similar nature are pending against petitioner Sajjan Singh. It is also submitted that some of the co-accused persons are still absconding and taking into consideration the above facts, the petitioners are not entitled to be enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case and after perusal of the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioners under Section 439 Cr.P.C. 6. Accordingly, this/these bail applications filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioners Sajjan Singh S/o Shri Hukam Singh and Bhawani Singh S/o Shri Doongar Singh shall be released on bail in connection with FIR No. 0134/2019 of Police Station Kotwali, Barmer provided he/she/they executes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his/her/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.