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2022 DIGILAW 46 (RAJ)

Satpal Singh v. State Of Rajasthan

2022-01-06

VINIT KUMAR MATHUR

body2022
ORDER 1. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). 2. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.86/2021, Police Station Ghamoorwali, District Sri Ganganagar for the offence under Sections 302, 307, 323, 325, 447, 147 & 34 of IPC. 3. Heard learned counsel for the parties. Perused the material available on record. 4. Learned counsel for the petitioner submits that there are cross cases between the petitioner party and the complainants. He submits that the petitioner party and the complainants are neighbours having their agricultural fields close to each other. He further submits that the incident occurred at the spur of the moment and in the heat of passion. He further that the petitioner has also sustained injuries in the incident. He submits that petitioner is a 70 years old person and is facing incarceration for last more than six months. 5. Learned counsel further submits that no specific injury has been assigned to the present petitioner. He submits that as per the statement of Sucha Singh (deceased) recorded under Section 161 Cr.P.C., the petitoner has not inflicted any injury on his head, whereas, as per the post mortem report, the cause of death is stated to be head injury. He, therefore, prays that the petitioner may be enlarged on bail. 6. Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail application. 7. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail. 8. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. 7. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail. 8. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Satpal Singh S/o Shri Kishan Singh arrested in connection with F.I.R. No.86/2021, Police Station Ghamoorwali, District Sri Ganganagar shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.