High Court Rajasthan High Court - Jodhpur

Poonama Ram vs State on 24 April, 2009

Rajasthan High Court – Jodhpur
Poonama Ram vs State on 24 April, 2009
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   S.B.CRIMINAL MISC. BAIL APPLICATION NO.2235/2009
         (Poonama Ram Vs. State of Rajasthan)

              Date of Order     ::      24.04.2009

                HON'BLE MR.H.R.PANWAR,J.

Mr.K.R.Choudhary, for the petitioner.
Mr.Mahipal Bishnoi, Public Prosecutor for State.

Heard learned counsel for the petitioner and

learned Public Prosecutor for the State. Perused the order

impugned as well as police investigation case diary. I have

carefully gone through the statement of the witness Thakara

Ram.

From the perusal of the statement of witness

Thakara Ram, it appears that the allegation of causing damage

by burn to the bus is against the co-accused Rau Ram and Joga

Ram. It is alleged that these two persons after hiring the

Bolero Jeep, sprinkled petrol over the bus of complainant and

burnt the same in the night while it was parked. So far as the

present petitioner is concerned, he was sitting on the rear seat

of Bolero jeep throughout and he did not get down from the

Bolero jeep and therefore, the case of the present petitioner is

distinguishable from that of co-accused Rau Ram and Joga

Ram.

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Having regard to the facts and circumstances of the

case, without commenting on the merit of the case, I think it

just and proper to enlarge the accused petitioner on bail.

Accordingly, this bail application filed under Sec.

439 Cr.P.C. is allowed and it is directed that petitioner

Poonama Ram S/o Rama Ram be released on bail in FIR

No.20/2009, P.S.Gudamalani, District Barmer provided he

executes a personal bond for a sum of Rs.20,000/- with two

sound and solvent sureties in the sum of Rs.10,000/- each to

the satisfaction of learned trial court for his appearance before

that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(H.R.PANWAR), J.

NK