Allowed

Amar Singh S/O Shri Kartar Singh B/C Khateek v. State of Rajasthan through Pp

Rajasthan HC16 Nov 2018CRLMB/10993/2018

Case brief

AI extract

What is this about?

Single judge of Rajasthan High Court allowed third bail application filed under Section 439 Cr.P.C. by accused Amar Singh. Court granted bail noting co-accused were released and petitioner had secured acquittal in a Death Reference Appeal, despite pending trial for murder and arms Act offences.

What did the court decide?

Released on bail upon a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each with stipulation to appear.

Amar Singh S/O Shri Kartar Singh B/C Khateek… — Murder and Culpable Homicide | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail No. 10993/2018

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Amar Singh S/o Shri Kartar Singh B/c Khateek, R/o Behind Saras Chauraha Police Station Mathura Gate Bharatpur Distt. Bharatpur (At Present Confined At Central Jail Wewar Distt. Bharatpur)

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----Petitioner

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Versus

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State Of Rajasthan Through Pp, Raj.

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----Respondent For Petitioner(s) : Mr. Jiya Ur Rahman For Respondent(s) : Mr. R. R. Gurjar PP.

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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16/11/2018

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The present Misc 3^rd bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioners in the matter of FIR No. 26/2015 registered at Police Station Nadauti, Karauli, for offences punishable under Sections 394, 397, 307 of IPC and Section 3/25 Arms Act.

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Learned counsel for the petitioner submits that 1^st bail application of present petitioner was dismissed by the Co-ordinate Bench of this Court on 4.2.2016 as withdrawn with liberty to file fresh one before the Court below after recording a statement of material witnesses. Therefore, 2^nd bail application was dismissed by this Court on 13.7.2017. He submits that after rejection of 2^nd bail application co-accused Rajendra, Haricharan, Rajkumar, Kumari Chanchal Parashar, Jitendra @ Jeetu,Antim Parashar have already been released on bail and petitioner is only in custody

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(2 of 2)

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[CRLMB-10993/2018]

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since 3.02.2015. He submits that earlier petitioner was convicted and sentenced for life imprisonment for offence under Section 302 of IPC but in DB Criminal Appeal No.74/2018, he has been acquitted, therefore, there is no impediment in allowing this bail application.

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Learned Public Prosecutor opposed the 3^rd bail application.

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I have considered the submissions made at bar since on coaccused have already been released on bail and petitioner is in custody since 3.2.2015 and in his DB Criminal Appeal has already been allowed, whereby, he has acquitted wherein he was charged for murder. The case of present petitioner is not distinguishable than that of co-accused whose bail applications have been allowed. Therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioners.

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Consequently, the 3^rd bail application filed under Section 439 Cr.P.C. is allowed.

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Therefore, it is ordered that the accused-petitioner Amar Singh S/o Shri Kartar Singh in FIR No. 26/2015 registered at Police Station Nadauti, Karauli, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.

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(BANWARI LAL SHARMA),J

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Seema/7

Amar Singh S/O Shri Kartar Singh B/C Khateek v. State of Rajasthan through Pp

Case brief

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Amar Singh S/O Shri Kartar Singh B/C Khateek v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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