Dismissed

Vikram S/O Kaluram v. State of Rajasthan

Rajasthan HC14 Oct 2020CRLMB/7257/2020

Case brief

AI extract

What is this about?

The High Court dismissed the second bail application as withdrawn by the petitioner. The withdrawal was allowed with liberty to file a fresh application after the prosecution witness Ravindra's statement is recorded under Section 311 Cr.P.C., with a caution to the prosecutor.

What did the court decide?

Bail application dismissed as withdrawn with liberty to file fresh application after witness statement is recorded.

Vikram S/O Kaluram Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 7257/2020

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Vikram S/o Kaluram, Aged About 23 Years, R/o Village Bamrda Teh. Khandela, Ps Khandela, Distt. Sikar At Present Confined In Distt. Jail, Sikar

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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			----Respondent
For Petitioner(s)	:	Mr. Anil Kumar Upman
For Respondent(s)	:	Mr. Atul Sharma,PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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14/10/2020

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This second bail application was filed by the accused petitioner after the Additional Public Prosecutor had dropped one witness, namely, Ravindra, who was the witness before whom allegedly extrajudicial confession has been made by the accused petitioner and the submission of learned counsel was that in view of the dropping of the said witnesses, the petitioner cannot be further prosecuted and should be granted bail.

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On noticing the action of the Additional Public Prosecutor, this Court issued notices to the concerned Additional Public Prosecutor, Additional Sessions Judge, Shrimadhopur, District Sikar to give his explanation whereafter this Court passed the order to take suitable action against him.

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(2 of 2)

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[CRLMB-7257/2020]

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In order to save his screen, the concerned learned Additional Public Prosecutor has now moved an application for recalling the said witness under Section 311 Cr.P.C.

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Learned counsel appearing for the petitioner submits that at this stage, the petitioner may be allowed to withdraw this bail application with liberty to file fresh after the statement of witness – Ravindra is recorded.

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In view of the above, this second bail application is dismissed as withdrawn at this stage without further commenting on merits. However, it is made clear that withdrawal of this bail application shall not come in the way of the accused petitioner after the statement of Ravindra is recorded. It goes without saying that the trial Court shall take all steps to get the statement of witness Ravindra recorded as soon as possible. This Court cautions the concerned Additional Public Prosecutor to remain careful in future.

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(SANJEEV PRAKASH SHARMA),J

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SUNIL SOLANKI /19/1

Vikram S/O Kaluram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikram S/O Kaluram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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