Allowed

Manohar Singh v. State of Rajasthan

Rajasthan HC22 Oct 2021CRLMB/11009/2021

Case brief

AI extract

What is this about?

Single judge allowed five bail applications filed by accused persons lodged in Central Jail, Jodhpur. The High Court granted bail without expressing opinion on merits, noting the charge-sheet admitted no murder was committed and trial would take a long time.

What did the court decide?

Petitioners arrested for conspiracy to murder shall be released on bail furnishing bond of Rs.50,000 and two sureties of Rs.25,000 each.

Manohar Singh Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 11009/2021

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Manohar Singh S/o Shri Ram Singh, Aged About 32 Years, R/o Bhaniyana, Police Staiton Bhaniyana, Jaisalmer. At Present Shyam Manoharnagar, Chopasani, Police Station Rajiv Gandhi Nagar, Jodhpur. (At Present Lodged In Central Jail, Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 10060/2021 Sambhu Singh Chodhary @ Subhash Chodhary S/o Sh. Kushal Ram, Aged About 35 Years, B/c Jat, R/o Barnau, Ps Dechu Jodhpur, Presently R/o Rup Rajat Sarowar, Sector- 21, Chb Jodhpur (At Present Lodged In Central Jail, Jodhpur, Rajasthan).

----Petitioner

Versus

State, Through Pp

----Respondent

S.B. Criminal Miscellaneous Bail Application No. 11010/2021 Dinesh Bambani S/o Sh. Kishan Chand, Aged About 41 Years, B/c Sindhi, R/o B-111, Shriram Nagar, Chopasani Housing Board, Jodhpur (Raj.) (Presently Lodged In Central Jail, Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 11012/2021 Manohar Singh S/o Shri Hadman Singh, Aged About 44 Years, B/c Rajput, R/o Akeli - B, Ps Kuchera Dist. Nagour Presently R/o House No. 28 Rupnagar Banar Dist. Jodhpur. (At Present Lodged In Central Jail, Jodhpur Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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(2 of 4) [CRLMB-11009/2021]

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 13569/2021

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Lovejeet Singh S/o Harisingh, Aged About 31 Years, R/o Sarveshver Mahadev Mandir, Suthla, Chopasni Road, Police Station Pratap Nagar, District Jodhpur Metro (Raj.) (Presently Lodged In Central Jail, Jodhpur)

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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. Deepak Menaria Mr. Mukesh Mehra Mr. Pradeep Kumar Shah with Mr. Vivek Mathur Mr. Vineet Jain For Respondent(s) : Mr. Vikram Sharma, P.P. Mr. Gokulesh Bohra, complainant Mr. Likhmaram, C.I., SHO, CHB, Jodhpur present in person

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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22/10/2021

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The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.241/2021, Police Station Chopasani Housing Board, District Jodhpur, registered for the offence under Section 302 read with sections 115, 120-B IPC.

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

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In compliance of earlier order dated 22.09.2021, the concerned SHO Police Station Chopasani Housing Board is present in the Court.

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(3 of 4)

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[CRLMB-11009/2021]

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Learned counsel for the petitioners stated that as per page nine of the charge-sheet admittedly, no murder was committed and even amount which was allegedly given for conspiracy of murder was also returned back to the conspirator. It is further stated that as per Section 115 IPC if the offence of murder is committed then the person have been subjected to punishment of death or imprisonment for life but if that offence is not committed then the person be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. It is further submitted that in the present case, admittedly, no murder was committed; accused-petitioners are behind the bars from last four months; charge-sheet has been filed; further trial will take long time, therefore, benefit of bail may be granted to the accused petitioners.

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On the contrary, learned Public Prosecutor opposed the bail applications of the accused-petitioners. Learned counsel for the complainant stated that all the accused-petitioners have criminal antecedents; earlier fourteen cases have been registered against Manohar Singh and four cases have been registered against Lovejeet Singh and nine cases have been registered against Dinesh Bambani. He further stated that accused Manohar Singh and Lovejeet Singh were earlier convicted in other cases but does not controvert this fact that no murder was committed in the present case and even the amount given in pursuance of alleged conspiracy was also returned back.

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Having regard to the facts and circumstances of the case, looking to the fact that admittedly no murder was committed in the present case; charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion

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(4 of 4)

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[CRLMB-11009/2021]

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on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioners-(1) Manohar Singh S/o Shri Ram Singh, (2) Sambhu Singh Chodhary @ Subhash Chodhary S/o Sh. Kushal Ram, (3) Dinesh Bambani S/o Sh. Kishan Chand, (4) Manohar Singh S/o Shri Hadman Singh, and (5) Lovejeet Singh S/o Harisingh, arrested in connection with F.I.R. No.241/2021, Police Station Chopasani Housing Board, District Jodhpur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the 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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(DEVENDRA KACHHAWAHA),J

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40-44 Bharti/-

Manohar Singh v. State of Rajasthan

Case brief

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Manohar Singh v. State of Rajasthan

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