This court dismissed a second petition for regular bail filed by an accused in a murder case. The dismissal relied on the precedent of a co-accused whose bail was previously rejected due to absconding, citing the need for expeditious trial disposal.
Bail petition dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. 2nd BAIL APPLICATION NO. 597/2019
Jodharam @ Jodhya S/o Shri Harchanda, B/c Mogya, Aged About 26 Years, R/o Dudhiya Balaji, Police Station Sadar, District Tonk Raj.
(At Present Confined In Central Jail Jaipur)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. Anil Kumar Upman For Respondent : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
22/01/2019
Petitioner has filed this 2nd petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.142/2012 registered at Police Station Chaksu, District Jaipur for the offence under Sections 396, 460, 302 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 24.08.2016. No recovery has been effected from the petitioner. Present case relates to murder of four persons. Case rests on circumstantial evidence. However, there is no connecting evidence on record to connect the petitioner with the alleged crime. Co-accused Ramswaroop was granted bail by Co-ordinate Bench of this court vide order dated 30.11.2015. Case of the petitioner is on a better footing than co-accused Ramswaroop.
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Learned State Counsel, has opposed the petition and has submitted that in the present case, four persons had been murdered. Co-accused Shyoraj was arrested on 11.08.2016, whereas, petitioner was arrested on 24.08.2016. Hence, the bail petition filed by the petitioner was liable to be dismissed as the bail petition filed by co-accused Shyoraj has been dismissed by Co-ordinate Bench of this court vide order dated 18.01.2019 on the ground that he had absconded for a considerable period.
Since, in the present case, bail petition filed by coaccused Shyoraj has been dismissed by Co-ordinate Bench of this court, this petition filed by the petitioner, is also liable to be dismissed. While dismissing the bail petition filed by coaccused Shyoraj, Co-ordinate Bench of this court vide order dated 18.01.2019, has already directed the trial court to dispose of the trial expeditiously.
Dismissed.
Mohita/19
1 issue framed by the court
Whether bail in a murder case involving circumstantial evidence should be granted in absence of connecting evidence.
1 provisions across 1 enactments
Jodharam @ Jodhya
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
