Allowed

Surendra Nitharwal S/O Shri Pokharmal Jat v. State of Rajasthan

Rajasthan HC20 Jan 2021CRLMB/5233/2020

Case brief

AI extract

What is this about?

The High Court at Jaipur allowed a sixth bail application filed by the petitioner in a case involving murder and attempt to murder. The court considered the petitioner's five-year custody and the fact that only six out of thirty prosecution witnesses had been examined.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000/– with two sureties of Rs.50,000/– each.

Surendra Nitharwal S/O Shri Pokharmal Jat Vs… — Murder and Culpable Homicide | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 6^th Bail Application No. 5233/2020

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Surendra Nitharwal S/o Shri Pokharmal Jat, Aged About 26 Years, R/o Pratap-Pura Ps Laxmangarh Dist. Sikar Raj. (At Present Lodged In Dist. 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. B.R. Choudhary through V.C. For Complainant(s) : Mr. Anshuman Saxena For State : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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20/01/2021

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Petitioner has filed this sixth bail application under Section 439 of Cr.P.C.

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F.I.R. No. 195/2015 was registered at Police Station Laxmangarh District Sikar for offence under Sections 452, 302, 307/34 & 120-B of I.P.C. and Section 3/27 Arms Act.

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It is contended by counsel for the petitioner that petitioner was arrested on 26.08.2015. This Court rejected his fifth bail on 28.01.2020 and the directions were given to the Trial Court to conclude the trial at the earliest. It is also contended that trial has not yet concluded. Out of 30 witnesses, only six witnesses have been examined so far.

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Learned Public Prosecutor and counsel for the complainant have opposed the sixth bail application. It is contended that

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(2 of 2)

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[CRLMB-5233/2020]

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petitioner while on bail was instrumental in commission of another offence, for which charge-sheet has also been filed.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioner and as far as the present case is concerned, petitioner has remained in custody for a period of five years & five months and out of 30 witnesses, only six witnesses have been examined so far, I deem it proper to allow the sixth bail application.

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This sixth bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(PANKAJ BHANDARI),J

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AMIT KUMAR /7

Surendra Nitharwal S/O Shri Pokharmal Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Surendra Nitharwal S/O Shri Pokharmal Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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