Partly allowed

Dharmraj S/O Balkishan v. State of Rajasthan

Rajasthan HC18 May 2020CRLMB/201/2020

Case brief

AI extract

What is this about?

Bench allowed bail to six petitioners accused of murder while dismissing bail for two primary accused charged with the killing's likely perpetrators, noting the eye-witness account attributed fatal injuries to the dismissed petitioners.

What did the court decide?

Bail petition dismissed against petitioner no. 1 and 2; passed against petitioners no. 3 to 7, to be released on bail subject to satisfaction of trial court.

Dharmraj S/O Balkishan Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 201/2020

¶3

Dharmraj S/o Balkishan, R/o Balapura PS Indragarh Dist. Bundi Raj. (At Present Confined At Dist. Jail Bundi)

¶4

Sravan S/o Balkishan, R/o Balapura Ps Indragarh Dist. Bundi Raj. (At Present Confined At Dist. Jail Bundi)

¶5

Meghraj S/o Balkishan, R/o Balapura Ps Indragarh Dist. Bundi Raj. (At Present Confined At Dist. Jail Bundi)

¶6

Ramlal S/o Balkishan, R/o Balapura Ps Indragarh Dist. Bundi Raj. (At Present Confined At Dist. Jail Bundi)

¶7

Jagdish S/o Bhairulal, R/o Balapura Ps Indragarh Dist. Bundi Raj. (At Present Confined At Dist. Jail Bundi)

¶8

Laxman S/o Dhulaji, R/o Balapura Ps Indragarh Dist. Bundi Raj. (At Present Confined At Dist. Jail Bundi)

¶9

Sajjan S/o Govind @ Shankar, R/o Balapura Ps Indragarh Dist. Bundi Raj. (At Present Confined At Dist. Jail Bundi)

¶10

----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan (through video conferencing) For Respondent(s) : Mr. Pankaj Agarwal for the State

¶11

HON'BLE MRS. JUSTICE SABINA

¶12

Judgment / Order

¶13

18/05/2020

¶14

Petitioners have filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.254/2019 registered at Police Station Indragarh, District

¶15

(2 of 3)

¶16

[CRLMB-201/2020]

¶17

Bundi for offences under Sections 147, 148, 149, 302 Indian Penal Code, 1860.

¶18

Learned counsel for the petitioners has submitted that the petitioners are in custody since 25.11.2019. Challan has already been presented in the court and conclusion of trial may take time. Petitioners have been falsely involved in this case.

¶19

Learned State Counsel has opposed the petition.

¶20

Present case relates to murder of Girdhari Lal. Case rests on eye-witness account. Shravan Lal son of the deceased is the eye-witness to the incident. A perusal of the statement of Shravan Lal recorded under Section 161 Cr.P.C. reveals that he has attributed specific injuries to petitioner no.1-Dharmraj and petitioner no.2-Sravan. So far as the other petitioners are concerned, no specific overt act is attributed to them. A perusal of the post-mortem report reveals that the deceased had suffered three injuries and cause of death was due to head injury. Injury on the head of the deceased is attributed to petitioner no.1 and petitioner no.2. So far as injured Shravan is concerned, he has suffered one simple injury. Injury on the person of the injured Shravan is attributed to petitioner Jagdish. However, petitioner Jagdish is not attributed any specific injury on the person of the deceased.

¶21

Keeping in view the seriousness of the allegations levelled against the petitioner no.1-Dharmraj and petitioner no.2Sravan, no ground for grant of bail to them is made out.

¶22

However, it would be just and expedient to order the release of the petitioner no.3-Meghraj, petitioner no.4-Ramlal, petitioner no.5-Jagdish, petitioner no.6-Laxman and petitioner no.7-Sajjan on bail.

¶23

(3 of 3) [CRLMB-201/2020]

¶24

Accordingly, without expressing any opinion on the merits of the case, this petition is partly allowed.

¶25

So far as petitioner no.1-Dharmraj and petitioner no.2Sravan are concerned, bail petition qua them is dismissed. Bail petition qua petitioner no.3-Meghraj, petitioner no.4Ramlal, petitioner no.5-Jagdish, petitioner no.6-Laxman and petitioner no.7-Sajjan is allowed. Petitioners no.3 to 7 be released on bail subject to satisfaction of the Trial Court.

¶26

(SABINA),J

¶27

Mohita /2

Dharmraj S/O Balkishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharmraj S/O Balkishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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