Single judge allowed bail to the accused in a murder case where allegations of overt acts were weak and the injury was attributed to a falling tree branch. The court released him on personal bond with a surety.
Petitioner released on bail under Section 439 CrPC on personal bond of Rs.20,000 with one surety in like amount.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 833/2020
Buddhiprakash@dholya S/o Devlal, Aged About 20 Years, R/o Rewatpura Ps Chauth Ka Barwara Dist. Sawai Madhopur Raj. (At Present Confined In Dist. Jail Sawai Madhopur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Sher Singh Mehla, PP Mr. Neeraj Joshi
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
08/06/2020
This bail application has been filed under Section 439 CrPC in connection with FIR No.233/2019 registered at Police Station Chauth Ka Barwara, District Sawai Madhopur for the offences under Section 302, 341, 323 and 34 IPC.
Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned Public Prosecutor.
Learned counsel for the accused petitioner submits that there is no overt act alleged as against the petitioner except of having caught hold of the deceased. Counsel submits that as per the statement of PW-3 cross examination, it is apparent that the injury on the deceased was caused by falling of the branch base of tree which was being cut. The defence story has been admitted by PW-3 in the cross examination.
(2 of 2)
[CRLMB-833/2020]
Learned counsel for complainant has pointed out that as per the statements of PW-2 and PW-3 allegations are also levelled against the accused petitioner of having caught hold of the concerned deceased and therefore, both of them will be treated having common intention for causing death of the deceased.
Learned PP opposes the bail application.
I have considered the submissions.
At the stage of considering the bail application, this court does not express its opinion with regard to the statements which have been recorded before the trial court and the effect thereto, however from the perusal of the FIR and the charge sheet, it is apparent that the allegations of causing injury on the deceased is not on Buddhiprakash and therefore without commenting on merits of the case and so that there is no effect on the trial, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and it is ordered that the accused-petitioner-Buddhiprakash@dholya S/o Devlal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J
Brijesh 2.
1 issue framed by the court
Whether the petitioner should be granted bail in a murder case alleging fatal injuries caused during a tree-felling operation.
2 provisions across 1 enactments
Buddhiprakash@dholya
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
