High Court Rajasthan High Court - Jodhpur

Sukhvinder @ Sukhvinder Singh vs State on 29 July, 2009

Rajasthan High Court – Jodhpur
Sukhvinder @ Sukhvinder Singh vs State on 29 July, 2009
                               // 1 //
 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
             PRINCIPAL SEAT, JODHPUR
                       ORDER
                         In
       S.B. Cr. Misc. Bail Appl. No.2890/2009
            {Sukhvinder @ Sukhvinder Singh Vs.
            The State of Rajasthan}
            Date of Order ::: 29 th July, 2009
                       PRESENT
      HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Shri M.K. Garg, Counsel for petitioner
Shri Mahipal Vishnoi, PP for the State
                       ####

By the Court:

Heard learned counsel for petitioner as well
as learned Public Prosecutor and perused the
material made available to me during the arguments
of the case.

It is contended on behalf of petitioner that
on the basis of ‘parcha bayan’ of injured Ram
Kumar, the present F.I.R. was registered wherein
he named five persons and allegation was levelled
that all the five persons inflicted injuries on
his person; however, after investigation of the
case, the prosecution came to a conclusion that
only two persons were involved and consequently
filed a charge-sheet against two persons, namely,
Darshan Singh and present-petitioner Sukhvinder @
Sukhvinder Singh; investigation in the matter is
complete, now nothing is to be recovered or
investigated from the accused-petitioner; the
petitioner is in judicial custody since 30th April,
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2009; the co-accused Darshan has already been
released on bail, therefore, the present
petitioner be also released on bail.

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 this
application under Section 439, Cr.P.C.

Hence, it is directed that accused-petitioner
Sukhvinder @ Sukhvinder Singh S/o Jeet Ram, R/o
Manniwalla, Tehsil Sadulshahar, District Sri
Ganganagar (presently lodged at District Jail Sri
Ganganagar) be released on bail under Section 439
Cr.P.C., in F.I.R. No.98/2009, registered at
Police Station Sadulshahar, District Sri
Ganganagar, under Sections 307, 325, 341, 313 of
the IPC, 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.

The bail application stands disposed of.

(NARENDRA KUMAR JAIN), J.

//Jaiman//