Hon'ble Mr. Justice Banwari Lal Sharma granted the second bail application of the accused in a criminal case involving multiple IPC offences, including murder, directing release on bond and sureties.
Petitioner to be released on bail on a personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail No. 5273/2018
Kaluram S/o Shri Manohar Daroga B/c Daroga, R/o Village Bhasu, Police Station Toda Rai Singh, Distt. Tonk Raj. At Present In Sub Jail, Malpura.
----Accused Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent For Petitioner(s) : Shri Biri Singh Sinsinwar Sr. Adv., assisted by Shri Rajesh Choudhary For Respondent(s) : Shri R.R. Gurjar, PP Shri S.R. Sharma for Shri Lokesh Kumar Sharma
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
05/10/2018
The present miscellaneous second bail application u/s 439 Cr.P.C. is preferred by the accused petitioner Kaluram in the matter of FIR No.252/2016 registered at Police Station Todaraisingh District Tonk for offences punishable u/s 147, 148, 323, 341, 325, 307, 302 and 149 IPC.
Learned Senior Counsel Shri Biri Singh Sinsinwar appearing for the petitioner submits that after rejection of first bail application, eight prosecution witnesses have been examined. He submits that earlier bail application was rejected considering the fact that the petitioner run out a tractor on deceased Jagdish and that was the cause of death. Now, Mukesh (PW-1) in his statement never stated that the petitioner run out the tractor on deceased, rather he stated in his statement that eSus ns[kk
(2 of 3)
[CRLMB-5273/2018]
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Learned counsel for the petitioner submits that star witness of prosecution - Mukesh (PW-1) who is son of the deceased, never stated that the petitioner run out the tractor on deceased Jagdish. He further submits that similar allegations levelled by Mukesh (PW-1) against Hunuman, Shanker and Manohar who have already been released on bail by this court. Therefore, the case of the present petitioner is now not distinguishable from that of co-accused Hanuman, Shanker and Manohar. The petitioner is in custody since 16.9.2016 and the trial shall take its own time. Therefore, the second bail application be allowed.
Learned Public Prosecutor Shri R.R. Gurjar and counsel for complainant Shri S.R. Sharma opposed the bail application.
Having heard learned counsel for the petitioner and learned Public Prosecutor along with counsel for the complainant, without going into merit and demerit of the case and the statements of prosecution witnesses; especially the statement of Mukesh (PW-1), I am inclined to allow the second bail application.
Consequently, the second bail application is allowed.
Therefore, it is ordered that the accused petitioner Kaluram S/o Shri Manohar Daroga in FIR No.252/2016 registered at Police Station Todaraisingh, District Tonk shall be released on bail; provided he furnishes a personal bond of Rs.2,00,000/-
(3 of 3)
[CRLMB-5273/2018]
(Two lac) and two sureties bonds of Rs.1,00,000/- (One lac) 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.
(BANWARI LAL SHARMA),J
Chauhan/10
1 issue framed by the court
Whether the second bail application by the accused should be allowed.
1 provisions across 1 enactments
Kaluram S/o Shri Manohar Daroga
State Of Rajasthan
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
