Partly allowed

Keshra Ram v. State and Anr.

Rajasthan HC8 Nov 2017CRLR/1127/2015

Case brief

AI extract

What is this about?

In this C.S.C. revision, the High Court modified an impugned order summoning the petitioner as an additional accused. Instead of a warrant of arrest, the petitioner is directed to appear on a bailable warrant of Rs. 30,000 and surrender before the trial court by 15.12.2017, pending a regular bail application.

What did the court decide?

Petitioner to be summoned on bailable warrant of Rs. 30,000; surrender to trial court by 15.12.2017 to seek regular bail.

Keshra Ram Vs State and Anr. — Bail and Remand | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision No. 1127 / 2015

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Keshra Ram S/o Pitha Ram by caste Jat, R/o Jhadeli, Tehsil Nokha, District Bikaner.

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----Petitioner

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Versus

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The State of Rajasthan

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Ganesha Ram S/o Bhagwana ram by caste Jat, R/o Jhadeli, Tehsil Nokha, district Bikaner.

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----Respondents

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For Petitioner(s) : Mr.Kaushal Gautam.

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For Respondent(s) : Mr.RK Bohra, PP & Mr.Pradeep Choudhary.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment / Order

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08/11/2017

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Learned counsel Shri Gautam submits that the petitioner who has been summoned as additional accused by the learned Additional Sessions Judge No.3, Bikaner through the impugned order dated 3.10.2015 passed in Sessions Case No.147/2012 would be better advised to raise all his objections at the trial Court at the appropriate stage but as of now he craves for a limited direction that the petitioner may be allowed to appear before the trial Court and furnish bail bonds so that he can face trial while being on liberty. He submits that as per the admitted prosecution allegations, the petitioner was armed with a blunt weapon. The co-accused Likhama Ram who too was armed with lathi has been enlarged on bail by this Court. The I.O. did not find the petitioner involved in the incident. Thus, he urges that the petitioner

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(2 of 3)

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[CRLR-1127/2015]

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deserves the limited relief in the above terms.

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Learned P.P. as well as learned counsel for the respondent no.2 vehemently opposed the submissions advanced by the petitioner’s counsel. However, Shri Choudhary representing the respondent no.2/complainant did not controvert the fact that as per the statement of star prosecution witnesses Ganesha Ram and Prabhu Ram, the charge-sheeted accused Pitha Ram, Sawar Lal and Megha Ram were armed with sharp weapons whereas Likhama Ram and the petitioner were allegedly armed with lathies.

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On going through the injury reports of the injured persons and the post mortem report of deceased Bhagwana Ram, it is apparent that almost all injuries inflicted to them were incised wounds. Regular bail application of Likhama Ram who was armed with a lathi has been accepted by this Court. The I.O. did not find the petitioner involved in this case.

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In this background, the instant revision petition is allowed in part. Whilst the impugned order dated 3.10.2015 is affirmed to the extent the petitioner was directed to be summoned as additional accused, the direction to summon the petitioner through warrant of arrest is modified. Now he shall be summoned to face trial in this case through bailable warrant in the sum of Rs.30,000/-. He shall surrender before the trial Court on or before 15.12.2017 and move a regular bail application whereupon, the trial Court shall enlarge him on bail on appropriate terms and conditions. In case, the petitioner fails to comply with the said direction, the order issuing warrant of arrest shall stand restored.

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(3 of 3)

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[CRLR-1127/2015]

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The petitioner shall be at liberty to raise all his objections before

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the trial Court at the appropriate stage.

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The instant revision petition is disposed in the above terms.

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Stay petition stands dismissed.

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(SANDEEP MEHTA)J.

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S.Phophaliya/-

Keshra Ram v. State and Anr.

Case brief

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Keshra Ram v. State and Anr.

Case brief

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