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Poonam Chand vs State on 19 May, 2017

S.B. Criminal Misc. III Bail No. 3310 / 2017
Poonam Chand S/o Birbal Ram, B/c Nayak R/o Meghwalo Ka
Mohalla Village Ridmalsar Purohitan Sagar District Bikaner
(presently Lodged At Central Jail Bikaner )

State of Rajasthan

For Petitioner(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. O.P. Rathi PP
Judgment / Order

Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No. 213/2016 of
Police Station, Mahila Thana, District Bikaner for the offence
punishable under Section 498A, 406, 307, 341, 323, 326 34 of
the IPC. He has preferred this third bail application under Section
439 Cr.P.C.

Learned counsel for the petitioner has submitted that the
matrimonial dispute between the petitioner and his wife has
already been settled through compromise.

Photostat of the order sheet dated 10.05.2017 of the trial
court is produced on record, whereby the trial court has attested
the compromise for the offences punishable under Sections 406,
341 and 323 IPC but refused to attest the compromise for the
offences punishable under Sections 498-A, 326, 307 IPC on the
ground that the same are not compoundable.

(2 of 2)

Learned counsel for the petitioner has argued that since
the matrimonial dispute between the parties has been settled
through compromise, the petitioner be released on bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.

Accordingly, this third bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Poonam Chand
S/o Birbal Ram shall be released on bail in connection with FIR No.
213/2016 of Police Station, Mahila Thana, District Bikaner
provided he executes a personal bond in a sum of Rs.50,000/-
with two sound and solvent sureties of Rs.25,000/- each to the
satisfaction of learned trial court for his appearance before that
court on each and every date of hearing and whenever called upon
to do so till the completion of the trial.



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