High Court of Rajasthan allowed a second bail application under Section 439 Cr.P.C. in a murder trial, granting release pending investigation due to witness hostilities and changed circumstances.
Petitioner released on bail by furnishing a personal bond of Rs. 50,000 with two surety bonds of like amount.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 10215/2018
Jai Narayan S/o Shri Shobhagyamal, aged about 59 Years, B/c Maheshwari, R/o Dalal Pada, Jaisalmer. Present Address-K-10 Samand Street, Radhakunj, Vrindavan Nagar, Kayan Pet Market, Chennai (Tamilnadu)
(At Present Lodged In Dist. Jail, Jaisalmer)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. L.D. Khatri. For Respondent(s) : Mr. Arjun Singh, PP.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
01/11/2018
Accused-petitioner has preferred this second bail application under Section 439 Cr.P.C. arising out of FIR No.267/2016 of Police Station Kotwali, District Jaisalmer. After investigation, police submitted charge-sheet against the petitioner for offence punishable under Sections 460 & 302 IPC and presently trial is in vogue before Addl. Sessions Judge, Jaisalmer as Sessions Case No.23/2017.
First bail application laid on behalf of accused-petitioner was dismissed on 13th of November, 2017 with liberty to renew prayer afresh after recording statements of witnesses, Smt. Kavita and Kaushal.
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[CRLMB-10215/2018]
Pressing this second bail application, it is submitted by learned counsel Mr. L.D. Khatri that now during trial statements of both these witnesses have been recorded and both of them have not supported the prosecution case. It is also argued by learned counsel that in fact both these witnesses have retracted from their earlier version by turning hostile. Learned counsel has further argued that entire prosecution case is that deceased was hit on his head with hammer which caused serious injury resulting in his death, but, as per autopsy report, on the skull of deceased there was incised wound. It is also argued by learned counsel that the incised wound occurred due to falling of the deceased on sharp floor. Learned counsel has further submitted that P.W.10 Kaushal and P.W.11 Kavita are material witnesses being son and wife of the deceased respectively and both of them have not deposed against the petitioner, is a material change in the circumstances for favourable consideration of second bail application.
Learned Public Prosecutor has opposed the second bail application in general.
I have bestowed my consideration to the arguments and also taken note of substantial change in the circumstances canvassed by learned counsel for the petitioner.
Consequently, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Jai Narayan S/o Shri Shobhagyamal, arrested in connection with FIR No.267/2016, registered at Police Station Kotwali, District Jaisalmer, may be released on bail; provided he furnishes a
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[CRLMB-10215/2018]
personal bond of Rs.50,000/- with two surety bonds of like amount to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(P.K. LOHRA),J
a.asopa/-128
2 issues framed by the court
Whether bail should be granted in a murder case where prosecution witnesses allegedly turned hostile or retracted their statements?
Whether procedural delay or change in circumstances warrants release on bail under the Second Bail Application?
2 provisions across 2 enactments
Jai Narayan S/o Shri Shobhagyamal
State of Rajasthan, Through PP
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
