Appealee obtained bail under Section 439 Cr.P.C. in a murder charge arising from a vehicle accident, noting hostile prosecution witnesses and lack of identification by the injured. Released on personal bond with sureties without evaluating merits.
Petitioner released on bail via personal bond with two sureties totaling 1,00,000 including witness bond.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 9909/2018
Jhanda Singh S/o Shri Vadhava Singh, Aged About 65 Years, B/c Jat Sikh, R/o 11 N P, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan) (At present lodged in Sub Jail Raisinghnagar)
----Petitioner
Versus
The State Of Rajasthan through Public Prosecutor
----Respondent
For Petitioner : Mr. S.R. Godara For Respondent : Mr. Ashok Upadhyay, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
19/11/2018
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.46/2018 of Police Station Sameja Kothi, District Sri Ganganagar for the offences punishable under Sections 304 and 34 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the so called eye witnesses viz. Tadveer Singh, Sultana Ram, Gurmeet Singh, Jagmail Singh @ Mewa Singh, Rajkumar and Raisahab have not supported the prosecution story and turned hostile. It is also submitted by learned counsel for the petitioner that though the injured witness PW-8 Jasveer Singh has stated that the accused persons dashed their jeep to the motorcycle on which the
(2 of 2) [CRLMB-9909/2018]
deceased and he was going but he has also not named the petitioner-Jhanda Singh. It is submitted that in view of the above evidence, it is clear that the role of the petitioner in involvement of any crime is not made out.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Jhanda Singh S/o Vadhava Singh shall be released on bail in connection with FIR No.46/2018 of Police Station Sameja Kothi, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.91
3 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in view of hostile prosecution witnesses and lack of identification by the injured.
Whether the totality of facts and circumstances warrants the release of the petitioner on bail without expressing an opinion on the merits.
Whether the accused can be released on personal bond with sureties in connection with the charges of culpable homicide not amounting to murder.
1 provisions across 1 enactments
Jhanda Singh
The State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
