Allowed

Sher Mohammad @ Sheru v. State of Rajasthan

Rajasthan HC13 Aug 2021CRLMB/5542/2021

Case brief

AI extract

What is this about?

The Court allowed the bail petition of an undertrial prisoner under Section 439 Cr.P.C., invoking inherent circumstances of hostile prosecution witnesses and the time elapsed in custody, without commenting on the merits of the charge.

What did the court decide?

Petitioner released on bail subject to personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each approved by Trial Court.

Sher Mohammad @ Sheru 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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…..

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S.B. Criminal Misc. Bail Application No. 5542/2021.

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Sher Mohammad @ Sheru son of Shri Jamaludeen Mansuri, by caste Mansuri Musalman, aged about 32 years, resident of Juna Bazar, Chittorgarh, at present Mohar Mangri, Gandhinagar, Police Station Kotwali, District Chittorgarh.

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(At Present Lodged In District Jail Chittorgarh)

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----Petitioner

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Versus State Of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Kuldeep Sharma. For Respondent(s) : Mr. S.K. Bhati, PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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13/08/2021

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 615/2019, Police Station Kotwali, District Chittorgarh, registered for the offence under Section 302 of the Indian Penal Code and Section 4/25 of the Arms Act.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that the statements of all the material witnesses have been recorded before the learned Trial Court; that all the material witnesses have not supported the story of the prosecution and as such, they have declared hostile; that the remaining witnesses are the formal

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(2 of 2)

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[CRLMB-5542/2021]

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witnesses related to the various memos; that the accusedpetitioner is behind the bars since 14.01.2020; and that further trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application of the accused-petitioner but does not controverted the fact that all the material witnesses have been turned hostile.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that all the material witnesses have been turned hostile; that the accused-petitioner is behind the bars since long; and that further trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the petitioner, Sher Mohammad @ Sheru S/o Jamaludeen Mansuri , arrested in connection with F.I.R. No. 615/2019, Police Station Kotwali, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two surety bonds of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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8-Mohan/-

Sher Mohammad @ Sheru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sher Mohammad @ Sheru v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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