In S.B.Crim. Misc. 2 Bail App. No. 2104/2015, the High Court of Rajasthan granted interim bail to the petitioner, directing the trial court to conclude prosecution evidence by May 29, 2015, based on an undertaking from the Special Public Prosecutor.
Bail granted; direction to trial court to complete prosecution evidence by May 29, 2015.
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95
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B.CRIMINAL MISC. 2nd BAIL APPLICATION NO.2104/2015 (Kishna Ram Vs. State of Rajasthan)
Date of Order : : 24.04.2015
HON’BLE MS.JUSTICE NIRMALJIT KAUR
Mr.H.S.S.Kharlia, Senior Counsel assisted by Mr.Bhawani Singh, counsel for the petitioner. Mr.Pankaj Awasthi, Counsel for the State. Mr.J.S.Choudhary, Senior Counsel assisted by Mr.Pradeep Choudhary, counsel for the complainant.
The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.97/2012, Police Station Soorsagar, District Jodhpur for the offence under Sections 147, 148, 149, 201, 302, 365 of the IPC.
Without going into the merits of the case, the present bail application is disposed of in terms of statement made by Mr.J.S.Choudhary, Senior Counsel Special Public Prosecutor in the trial court.
Mr.J.S.Choudhary, Senior Counsel states that the prosecution will complete the prosecution evidence within one month. It is further stated that all the witnesses stand examined except three i.e. two Investigating Officers and one doctor, and two witnesses who have to be called for cross-examination. It is further stated that they have decided to drop twenty witnesses out of the list already given.
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In view of the statement and undertaking given by Mr.J.S.Choudhary, learned Senior Counsel, at bar, the present bail application is disposed of with the direction to the trial court to complete the prosecution evidence by 29th May, 2015 even if day to day trial has to be held. It is clarified that in case, the prosecution evidence is not completed within the stipulated period, the petitioner will be at liberty to file fresh bail application before this Court. The pendency of the application under Section 319 of the Cr.P.C. will not debar the petitioner from moving the fresh bail application before this Court.
(NIRMALJIT KAUR), J.
NK
1 issue framed by the court
Whether the petitioner should be granted interim bail pending conclusion of prosecution evidence.
3 provisions across 2 enactments
Kishna Ram
State of Rajasthan
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
