Allowed

Om Prakash Saini @ Bobi S/O Sohan Lal v. State of Rajasthan

Rajasthan HC28 Jan 2021CRLMB/6389/2020

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of the accused in a murder case. The court released the petitioner on personal bond with sureties after considering the conflicting evidence and length of custody.

What did the court decide?

Accused shall be released on bail by furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each to the trial Court.

Om Prakash Saini @ Bobi S/O Sohan Lal 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 Second Bail Application No. 6389/2020

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Om Prakash @ Bobi S/o Sohan Lal, R/o Tanwar Ji Ki Kothi, Ward No. 11 Udaipurwati, Distt. Jhunjhunu, Raj. At Present Accused Petitioner Confined In Distt. Jail, Jhunjhunu

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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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For Petitioner(s) : Mr. Arun Singh Shekhawat present in the Court

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For Respondent(s) : Mr. Deshraj Gosingha, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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28/01/2021

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

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F.I.R. No.308/2019 was registered at Police Station

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Udaipurwati District Jhunjhunu for offence under Sections 341, 323 & 302 I.P.C.

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It is contended by counsel for the petitioner that the prosecution case is that the deceased and petitioner consumed liquor together on the fateful day. However, as per the Postmortem Report, liquor was not found in the body of the deceased. It is also contended that the other piece of evidence against the petitioner is of recovery of blood stained clothes. It is argued that the FSL Report is inconclusive with regard to the blood

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(2 of 2)

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[CRLMB-6389/2020]

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stain. It is also contended that petitioner has remained in custody for a period of one and a half year. Conclusion of trial will take time.

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Learned Public Prosecutor has opposed the second bail application.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the second bail application.

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This second 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 trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do

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so.

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ARTI SHARMA /4

Om Prakash Saini @ Bobi S/O Sohan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash Saini @ Bobi S/O Sohan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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