High Court Rajasthan High Court - Jodhpur

Gheesa Lal & Anr vs State on 12 August, 2009

Rajasthan High Court – Jodhpur
Gheesa Lal & Anr vs State on 12 August, 2009
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
         AT PRINCIPAL SEAT, JODHPUR

                       ORDER
                         In
       S.B. Cr. Misc. Bail Appl. No.4251/2009

              {Gheesa Lal and Ram Chandra Vs.
              The State of Rajasthan}

         Date of Order ::: 12th August, 2009

                      PRESENT
     HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN

Shri Ramesh Purohit, Counsel for petitioners
Shri Ashok Prajapat, PP for the State
                      ####


By the Court:

Heard learned counsel for petitioners

as well as learned Public Prosecutor and

perused the material/case diary made available

to me during the arguments of the case.

It is contended on behalf of petitioners

that at the time of arguments of bail

application of co-accused-persons, namely,

Ravindra, Paras and Ramlal in S.B. Cr. Misc.

Bail Appl. No.3617/2009, the case-diary was

summoned which was examined by the Coordinate

Bench of this Court while granting bail under

Section 438 Cr.P.C. to above named three co-

accused-persons; it was observed in the order

dated 7th August, 2009 that injury sustained by

the injured was simple in nature and that was

caused by co-accused Prithvi Raj. The learned
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counsel submits that case of present two

petitioners is similar with the case of three

co-accused-persons named above, who have been

granted bail by this Court, therefore, the same

benefit may also be granted to the petitioners.

The above facts have not been disputed by

the learned Public Prosecutor.

Taking into consideration all the facts

and circumstances of the case and without

expressing any opinion on its merits and

demerits, I allow this bail application under

Section 438 Cr.P.C.

Therefore, the S.H.O./I.O. of the Police

Station Shambhugarh is directed that in the

event of arrest of the petitioners, namely, (1)

Gheesa Lal S/o Amba Lal and (2) Ram Chandra S/o

Sh. Mishri Lal Jat, Both Residents of

Jawanpura, Tehsil Hurda, District Bhilwara, in

FIR No.15/2009 under Sections 143, 452, 341,

323 and 308, he shall enlarge them on bail,

provided each of them furnishes a personal bond

in the sum of Rs.25,000/- (Rupees twenty five

thousand only) with one surety of the like

amount to his satisfaction on the following

conditions:-

(i) They shall make themselves
available for interrogation by
Investigating Officer as and when
required;

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(ii)They shall not directly or
indirectly make any inducement,
threat or promise to any person
acquainted with the facts of the
case so as to dissuade him from
disclosing such facts to the court
or to any Police officer;

(iii)They shall not leave India
without the previous permission of
the Court.

(NARENDRA KUMAR JAIN), J.

//Jaiman//