This single-judge High Court order allowed the petitioner's second bail application under Section 439 Cr.P.C. citing new witness statements for a co-accused and parity in facts, granting bail on bond.
Petitioner released on bail upon furnishing personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 4169/2019
Shravan S/o Bishnaram, Aged About 30 Years, B/c Nayak, R/o Srinagar Police Thana Hanumangarh Town Tehsil And District Hanumangarh (Presently Lodged At District Jail, Hanumangarh)
----Petitioner
| Versus | ||
|---|---|---|
| State Of Rajasthan, | Thro | ugh PP ----Respondent |
| For Petitioner(s) | : | Mr. HSS Kharlia, Sr. Advocate assisted by Mr.Kunal Sancheti |
| For Respondent(s) | : | Mr. Anil Joshi, PP Mr. Sanjeev Sharma for complainant |
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
20/05/2019
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.374/2016, Police Station Hanumangarh Junction, for offences under Sections 302, 307, 147, 148, 149 of IPC and 3/25 of Arms Act.
Heard learned counsel for the parties. Perused the material available on record.
Shri HSS Kharlia, learned Senior Counsel assisted by Shri Kunal Sancheti submits that after rejection of the petitioner’s first bail application (No.1215/2017) vide order dated 01.03.2017, statements of two eyewitnesses namely Bhura Ram (PW.1) and Ashok Soni (PW.2) have been recorded. The witness Ashok Soni (PW.2) categorically stated that Sukhvir @ Mahnta and
(2 of 2)
[CRLMB-4169/2019]
Dharmendra came around in the court premises and fired the gun shot which hit Harish Sindhi. Considering these statements, this Court has accepted the second bail application (No.9854/2018) filed on behalf of the co-accused Nirmal Singh @ Nimma Singh by order dated 14.11.2018. He further submits that the cases pending against the accused petition are of trivial nature. He thus, urges that the petitioner deserves indulgence of bail on parity
Learned Public Prosecutor and learned counsel for the complainant have not been able to dispute the fact that case of the present petitioner does not stand on a different footing from that of the aforesaid co-accused Nirmal Singh @ Nimma Singh, who has since been enlarged on bail.
Having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend indulgence of bail to the accused petitioner. Accordingly, this second bail application is allowed and it is directed that the petitioner Shravan S/o Bishnaram arrested in connection with the F.I.R. No.374/2016, registered at Police Station Hanumangarh Junction 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 that Court on all dates of hearing and as and when called upon to do so.
(SANDEEP MEHTA),J
13-1/- Sudhir Asopa
1 issue framed by the court
Whether bail should be granted to the petitioner Shravan who is accused of offences under Sections 302, 307, 147, 148, and 149 of IPC based on evidence supporting a grant for a co-accused.
3 provisions across 3 enactments
Shravan S/o Bishnaram
State Of Rajasthan
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
