Allowed

Parvez @ Sonu v. State

Rajasthan HC22 Oct 2019CRLMB/9892/2019

Case brief

AI extract

What is this about?

A single-judge High Court bench, disposing of a third bail application under Section 439 Cr.P.C., allowed the application for the petitioner accused of murder. The court unanimously held it just and proper to grant bail, directing the petitioner's release within the prescribed bond conditions.

What did the court decide?

The third bail application is allowed and the petitioner Parvez @ Sonu is directed to be released on bail on furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Parvez @ Sonu 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 3^rd Bail Application No. 9892/2019

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Parvez @ Sonu S/o Shariaf Khan, Aged About 27 Years, By Caste Muslim, Resident Of Sargadawada, Rajtalab, Banswara Kotwali Police Station, Banswara, District Banswara. (Lodged In District Jail, Banswara)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner : Mr. B.S.Mertia. For Respondent(s) : Mr. Gaurav Singh, PP for the State.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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22/10/2019

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The present 3^rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.494/2017, Police Station- Banswara Kotwali for the offence punishable under Sections 302, 302/34, 201, 201/34, 120-B IPC.

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The second bail application of the petitioner was dismissed on 13.03.2019 by this Court.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, statement of Ali Asgar (PW15) has been recorded. In the statement of PW15, it is stated that the deceased was staying in the rented premises which

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(2 of 2)

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[CRLMB-9892/2019]

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was rented to her through Zakir @ Munshi. It is further stated that number of persons used to visit the deceased lady and he was not aware as to who were these persons. It is further contended that the present petitioner has not been named in the statement of PW15. The witness of last seen PW4 Narayan has also not supported the prosecution case and has thus, been declared hostile. It is further contended that there is no other evidence worth reliance connecting the present petitioner with the commission of the alleged offence. Therefore, it is prayed that the petitioner may be enlarged on bail.

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Learned Public Prosecutor opposes the bail application.

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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.

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Accordingly, the 3^rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Parvez @ Sonu S/o Shariaf Khan, shall be released on bail in connection with FIR No.494/2017, Police Station- Banswara Kotwali provided he furnishes 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.

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(VINIT KUMAR MATHUR),J

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15-Anil Singh/-

Parvez @ Sonu v. State

Case brief

What is this about?

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Parvez @ Sonu v. State

Case brief

What is this about?

What did the court decide?

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