Dismissed

Dharmendra v. State

Rajasthan HC19 Aug 2019CRLMB/3349/2019

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. was rejected by the High Court of Rajasthan. The petitioner faced charges of murder and attempt to murder along with weapon possession. The court declined bail citing the totality of facts, the nature of the accusation, and the recovery of a pistol from the petitioner, despite the petitioner's claim of non-involvement in the fatal shot.

What did the court decide?

Bail application under Section 439 Cr.P.C. is rejected.

Dharmendra Vs State — Murder and Culpable Homicide | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3349/2019 Dharmendra S/o Fuman Singh, Aged About 40 Years, B/c Majbi Sikh R/o Ward No 4 Village Chak Jawalsinghwala Tehsil And District Hanumangarh (Presently Lodged At District Jail, Hanumangarh)

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----Petitioner

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Versus

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The State of Rajasthan

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----Respondent

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For Petitioner : Mr. H.S.S. Kharlia, Sr. Advocate assisted by Mr. Rishabh Handa For Respondent : Mr. S.K. Bhati, P.P. assisted by Mr. Ravindra Khichi, A.P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

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19/08/2019

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.

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The petitioner has been arrested in FIR No.374/2016 of Police Station Hanumangarh Junction, District Hanumangarh for the offences punishable under Sections 302, 307, 143 and 120-B IPC and Section 27 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that as per the prosecution story and the statements of alleged eye witnesses, three persons viz. Mahanta @ Sukhber, Shrawan and petitioner-Dharmendra fired gunshot which resulted into death of one Harish. Learned counsel for the petitioner has submitted that the gunshot was fired by co-accused Mahanta @ Sukhber resulted into death of Harish. It is submitted that the petitioner did not fire any gunshot

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(2 of 2) [CRLMB-3349/2019]

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though the police have alleged that the petitioner had fired gunshot on one Balveer but that was missed. Learned counsel for the petitioner has submitted that co-accused Shrawan has already been enlarged on bail and the case of the petitioner is not distinguishable from him. It is submitted that the petitioner is in custody from last three years and only three prosecution witnesses have been examined and the trial of the case will take time, therefore, the petitioner is entitled to be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that the case of co-accused Shrawan is distinguishable from the case of the petitioner because the petitioner and co-accused Mahanta @ Sukhber were apprehended by the police as well as public from scene of crime and pistol was also recovered from the petitioner. It is submitted that the act of the petitioner of attempting to fire a gunshot in the court premises cannot be taken lightly. Learned Public Prosecutor has, therefore, submitted that in the facts and circumstances of the case, the petitioner is not entitled to be enlarged on bail.

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Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.

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Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.1

Dharmendra v. State

Case brief

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Dharmendra v. State

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