The High Court rejected a bail application filed by an accused person in a murder case. Despite prior findings by the Division Bench and the surrender of a co-accused, the court dismissed the plea considering allegations of causing head injury and the fact that the petitioner had been absconding for 12 years.
Bail application is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Criminal Misc. Bail Application No.5460/2015
Deen Dayal Sharma Versus
State of Rajasthan
DATE OF ORDER : 17/07/2015 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. S.S. Hora, for petitioner Mr. Virendra Godara, P.P., for the State
Heard learned counsel for the parties and perused the record of the case.
It is stated that two separate trial took place wherein final order was passed by the Division Bench of this court. It was found that complainant was aggressor as the occurrence took place in the house of the accused. The petitioner himself sustained injuries from sharpedged weapon. Initially the investigation was kept pending against the petitioner under Section 173(8) Cr.P.C. The charge sheet was thereafter filed under Section 299 Cr.P.C. The co-accused Shivcharan has surrendered and was granted bail by the Coordinate Bench of this court. In the same way, Smt. Anita Devi was also granted bail, thus petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application. He submits that allegation for causing head injury to the deceased is on the petitioner, who was having sword and has been recovered. The
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petitioner was absconding, thus investigation was kept pending against him. The period of 12 years has passed in between. When he could not be traced out, the charge sheet was filed under Section 299 Cr.P.C. The evidence shows involvement of the petitioner for causing offence, thus he may not be granted bail.
After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am not
inclined to grant bail to the petitioner. Hence, bail application is dismissed.
FRBOHRA Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, Sr. P.A.
2 issues framed by the court
Whether bail should be granted to the accused prior to the final order of the Division Bench.
Whether the 12-year delay in investigation justifies enlarging the petitioner on bail.
2 provisions across 1 enactments
Deen Dayal Sharma
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
