Satu Giri @ Satya Narayan & Anr vs State on 16 July, 2009

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 AT JODHPUR

(1)S.B.CriminalMisc.Bail Application NO.3143/09
        Puran Giri Vs. State of Rajasthan
(2)S.B.CriminalMisc.Bail Application NO.3330/09
        Satu Giri @ Satya Narayan & Anr.
(3)S.B.CriminalMisc.Bail Application NO.3406/09
        Ratan Lal Vs. State


      Date of order            ::          16th July, 2009


      HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN


Mr.S.S. Shaktwat for the petitioner in bail
appl. NO. 3143/09.
Mr. M.K. Garg, for the petitioners in bail
Appl. NO. 3330/09
Mr. S.S.Shaktwat, for the petitioner in bail
appl. No. 3406/09
Mr. Anil Joshi), P.P.
Mr. A.R. Nikub), P.P.


      Heard learned counsel for the petitioners

as    well    as     learned    Public       Prosecutors       and

perused the material/case diary made available

to me during the arguments of the case.

      These three bail applications arise out of

FIR     No.     39/09      Police          Station        Bhadesar

(Chittorgarh)         therefore,           they     are     being

disposed of by this common order. So far as

bail application No. 3143/09 on behalf of the

petitioner Puran Giri and bail application No.

3330/09 on behalf of two accused persons Satu

Giri @ Satya Narayan                and Suresh Chandra are

concerned, learned counsel for the petitioners

submits       that    he   does      not    press    both      the
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applications at this stage and liberty may be

granted        to     them    to        file    a      fresh        bail

application after framing of charges against

them    by     the    trial   court.           Hence,    the        bail

applications No. 3143/09 filed by Puran Giri

and bail application No. 3330/09 filed by Satu

Giri @ Satya Narayan                   and Suresh Chandra are

dismissed as not pressed with liberty to file

fresh bail application after framing of charges

against them by the trial court.

       So far as petitioner Ratan Lal S/o Shanti

Lal Mali is concerned, learned counsel for the

petitioner          contended      that        there     were       two

prosecution witnesses namely Gurmeet Singh and

Swarn Singh          and they both do not identify him

and no recovery has been made at his instance

under Section 27 of the Evidence Act.

       Learned Public Prosecutor does not dispute

the above facts.

       After        considering         the     submissions          of

learned counsel for the parties, examining the

record and the facts and circumstances of the

case, but without expressing any opinion on its

merits and demerits, I think it fit and proper

to allow        the bail      application           of Ratan Lal

under     Section       439     Cr.P.C.          Hence,        it    is

directed that accused-petitioner namely Ratan
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Lal     S/o Shanti Lal Mali, be released on bail

under    Section   439   Cr.P.C.,      in    C.R.   No.39/09

Police       Station       Bhadesar           (Chittorgarh)

registered    under      Sections      395     provided   he

furnishes a personal bond in the sum of Rs.

25,000/-(Rupees       Twenty    Five        Thousand   only)

together with one surety of the like amount to

the satisfaction of the trial court for his

appearance on all subsequent dates of hearing

and as and when called upon to do so.

      A copy of this order be placed on record

in each file.

                          (NARENDRA KUMAR JAIN), J.

ns.