ORDER S.B. Cr. Misc. IIIrd Bail Appl. No. 2426/2010 Shivjiram @ Sheojiram v. State of Rajasthan S.B.Cr. Misc. Ivth Bail Appl.No.2766/2010 Bhoormal VS. State
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 149, 201, 302
Key paragraphs
- Para 55. Having considered the submissions made at the bar and carefully perused the relevant material available on record, it is noticed that the co-accused persons namely Ramcharan, Nandkishore and Morpal have already been enlarged on bail by the Coordinate Bench, hence, on the ground of…
Judgment
HON'BLE MR. MAHESH BHAGWATI, J. Mr. NU Quazi ] Mr. RR Baisla], for the petitioners. Mr. Amit Punia, P.P. for the State. *** Since both the aforesaid bail petitions pertain to and arise out of one FIR No.108/2009 of Police Station Kawai, District Baran, registered in the offences under Sections 302, 201 of IPC, they have been heard together and are being disposed of by this common order.
Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record.
Learned counsel for the petitioners canvassed that the co-accused persons namely, Ramcharan, Nandkishore and Morpal have already been enlarged on bail by the Coordinate Bench vide order dated 4th March, 2010 and the case of the petitioners is akin to those of the co-accused persons. They further canvassed that it is a case wherein single injury is alleged to have been caused on the head of deceased Ghasi Lal by the co- -2- accused Hari Narayan. No incriminating article is found to have been recovered at the instance of the petitioner from their possession. The police, after completion of investigation, has filed the charge-sheet and the learned trial Court has framed the charge for the offence under Section 302 in alternate Section 302 read with Section 149 of IPC. The main accused of this case has been found to be Hari Narayan, who is alleged to have given a fatal blow on the head of deceased Ghasi Lal. Hence, in this changed fact situation, both the accused persons be enlarged on bail.
Learned Public Prosecutor has opposed the bail petitions.
Having considered the submissions made at the bar and carefully perused the relevant material available on record, it is noticed that the co-accused persons namely Ramcharan, Nandkishore and Morpal have already been enlarged on bail by the Coordinate Bench, hence, on the ground of parity, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the aforesaid petitioners and their bail petitions are allowed.
It is, therefore, ordered that the accused petitioners namely Shivjiram @ Sheojiram S/o Shri Boormal Meena and Bhoor -3- Mal S/o Shri Gopi Lal in F.I.R. No. 108/2009 of police station Kawai, District Baran, shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Pcg
Precedent status how later indexed judgments have treated this case
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