Judgment · High Court · 2010

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Sandeep Garesa for the accused petitioner Mr. Amit Poonia, Public Prosecutor for the State ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioners is that the allegation of causing gun shot injury, for which offence u/s 307 IPC has been added, is against co-accused Kishaniya who has subsequently died. There is no allegation against any of the accused petitioners of causing injuries. It is their first offence and that no criminal case was ever registered against them. Petitioners are in Jail since 22nd July, 2010. Investigation is almost complete. Trial of the case is likely to take considerable time. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Hoshiyar Singh S/O Shri Syonarayan and (2) Meva Devi W/o Late Shri Net Ram shall be released on bail in F.I.R. No. 148/2010 of P.S. Buhana, district Jhunjhunu on their furnishing a personal bond in the sum of Rs.30,000/- each together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. Thanvi