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Ganga Ram and ors. Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan
Decided On
Case NumberS.B. Cr. Misc. Bail Application No. 1950 of 1989
Judge
Reported in1989WLN(UC)33
AppellantGanga Ram and ors.
RespondentState of Rajasthan
DispositionApplication allowed
Excerpt:
.....bail--simple injuries caused--parties close relatives--held, it is proper to grant anticipatory bail.;bail granted - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or..........that both the parties are close relatives but several revenue suits are pending between them.2. shri srimal, learned additional government advocate, opposes the bail application.3. in the fact and circumstances of the case, i, consider it just and proper to grant anticipatory bail to the petitioner.4. the sho/ao/io, police station, raghunath garh, district sikar, is directed that in the even of arrest of the petitioners ganga ram, debu, karna, govinda, dhanna in the fir no. 92/89 they be released on bail, provided each of them furnishes a personal bond in the sum of rs. 5,000/- with against order dated 11-7-1989, passed by sessions judge, sikar one surety in the like amount each, to his satisfaction on the following conditions:[1] that they shall make themselves available for.....
Judgment:

I.S. Israni, J.

1. Heard, both the parties. The petitioner is alleged to have committed offence under Sections 147, 452 & 323, IPC. This application is under Section 438, Cr.P.C. It is given out by Shri Balwada, learned Counsel for the petitioner that the incident has been wrongly given out in the FIR and in fact Mst. Tulsi fell-down on the stones and had some simple injuries. It is also given out that both the parties are close relatives but several revenue suits are pending between them.

2. Shri Srimal, learned Additional Government Advocate, opposes the bail application.

3. In the fact and circumstances of the case, I, consider it just and proper to grant anticipatory bail to the petitioner.

4. The SHO/AO/IO, Police Station, Raghunath Garh, District Sikar, is directed that in the even of arrest of the petitioners Ganga Ram, Debu, Karna, Govinda, Dhanna in the FIR No. 92/89 they be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 5,000/- with Against order dated 11-7-1989, passed by Sessions Judge, Sikar one surety in the like amount each, to his satisfaction on the following conditions:

[1] that they shall make themselves available for interrogation by a Police Officer as and when required;

[2] that they shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer;

[3] that they shall not leave India without the prior permission of the court.


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