Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 1082 (RAJ)

Poona Ram v. State Of Rajasthan

2022-04-05

DEVENDRA KACHHAWAHA

body2022
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.202/2015, Police Station Samdari, District Barmer, registered for the offence punishable under Sections 147, 148, 149, 332, 353 and 307/149 of the Indian Penal Code. 2. Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that allegation of using fire arm has been levelled against co-accused Virdharam Jat who has already been granted benefit of bail; all the other co- accused persons have been granted benefit of bail and the petitioner has been arrested thereafter; supplementary charge-sheet has been filed in regard to the petitioner; no injury has been caused to anybody; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner. 4. Per contra, learned Public Prosecutor has vehemently opposed the bail application of the accused-petitioner and stated that earlier five other cases have been registered against the accused-petitioner out of which one case is registered for the offence punishable under Section 8/18 of the NDPS act. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused to anybody; charge-sheet has been filed; benefit of bail has been granted by co-ordinate Bench(s) of this Court to co-accused persons, namely, Prakash @ Om Prakash vide order dated 03.07.2019 (Bail application No.7615/2019), Deda Ram vide order dated 22.03.2018 (Bail application No.2941/2018), Manohar Lal vide order dated 07.10.2016 (Bail application No.9391/2016) and Virdha Ram vide order dated 25.07.2016 (Bail application No.6680/2016); and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. 6. Consequently, the bail application is allowed. It is ordered that the petitioner, Poona Ram S/o Shri Koja Ram, arrested in connection with F.I.R. No.202/2015, Police Station Samdari, District Barmer, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/-with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.