Maj. Justice Vijay Bishnoi rejected bail application under CrPC 439 for petitioner charged with affray, grievous hurt, and murder. Court held petitioner inflicted sword injury to victim and nature of offence precluded bail.
Bail application dismissed; petitioner to remain in judicial custody.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9516/2019
Raju Singh @ Rajendra Singh S/o Shri Mangu Singh, Aged About 28 Years, By Caste Rajput, R/o Badoda Village, Tehsil and District Jaisalmer
(Lodged In District Jail, Jaisalmer)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Sharwan Singh Rathore For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
03/09/2019
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
The petitioner has been arrested in FIR No.266/2019 of Police Station Jaisalmer Kotwali, District Jaisalmer for the offences punishable under Sections 147, 148, 323, 324, 326 and 307/149 IPC and Section 4/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation of inflicting injury on the hands of the injured by sword is against co-accused Shyam Singh. It is submitted that as a matter of fact though the petitioner accompanied co-accused Shyam Singh but he had no knowledge that Shyam Singh would
(2 of 2) [CRLMB-9516/2019]
inflict grievous injury to the injured. It is also submitted that the petitioner is in judicial custody and the trial of the case will take time.
Per contra, learned Public Prosecutor has opposed the bail application and submitted that from the statements of injured Suresh, it is clear that the petitioner inflicted a blow by sword to the injured, which resulted into cut of his left hand and taking into consideration this fact the petitioner is not entitled to be enlarged on bail.
Having regard to the totality of the facts and circumstances of the case, after perusing the case diary particularly the statements of injured Suresh 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.
Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.4
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 147, 148, 323, 324, 326 and 307 IPC and Arms Act.
3 provisions across 3 enactments
Raju Singh @ Rajendra Singh
State of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
