Secure and dispose of bail application for murder trial. Court allowed bail after finding long undertrial period with limited prosecution witness examination. Ordered execution of personal bond with sureties.
Petitioner released on personal bond of Rs.50,000 with two sureties of Rs.25,000 each to trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 6883/2021
Mohit @ Jeldar S/o Jai Singh, Aged About 25 Years, R/o Loharu, Police Station Loharu, District Bhiwani (Haryana). (At Present Lodged In Sub Jail, Nohar).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. JS Chaudhary Senior Adv. with Mr. Pradeep Chaudhary Mr. Rakesh Matoria For Respondent(s) : Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
05/08/2021
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.483/2018 of Police Station Rawatsar, District Hanumangarh for the offence(s) punishable under Section(s) 302/109, 302/120, 307, 34 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counel for the petitioner has submitted that the allegation against the petitioner is to the effect that he hatched a conspiracy with the main accused Ram Niwas Mahla to kill the deceased - Harveer. It is also submitted that as per the prosecution story, Harveer was killed on 24.09.2018, however, on the said day, the petitioner was in Jail in Haryana.
(2 of 3) [CRLMB-6883/2021]
Learned counsel for the petitioner has further submitted that as per the charge-sheet, the petitioner on instructions from Ram Niwas Mahla has attempted to kill the deceased - Harveer in between 12.09.2018 to 15.09.2018. It is also submitted that the statement of three eye witnesses namely, Jagdish @ Raju Saini, Dharampal, and Hanumant have been recorded before the trial court and from the evidence of the said eye witnesses, no active role of the petitioner in commission of the crime is made out. It is further submitted that the petitioner is in custody since 04.10.2018 and more than two and a half years only three witnesses have been examined before the trial court and in such cirumstances, there is all likelihood that the trial of the case will take time.
Learned counsel for the petitioner has argued that petitioner may be enlarged on bail.
Learned Public Prosecutor as well as the learned counsel for the complainant has vehemently opposed the bail application. Learned counsel for the complainant has submitted that the earlier bail application of the petitioner was rejected by this court vide order dated 25.02.2019 by passing a detailed order. It is also submitted that bail application of the co-accused persons namely, Joginder, Ashok Kumar and Amandeep has been dismissed by this Court on 8.03.2021 only and and as such, this bail application is also liable to be dismissed.
Having heard learned counsel for the parties and after going through the material available on record, particularly the statements of the so called eye witnesses PW 1 to PW 3, and taking into consideration the facts, the petitioner is in custody
(3 of 3) [CRLMB-6883/2021]
since more than two and a half years and only three prosecution witnesses have been examined till so far, I deem it just and proper to grant bail to the petitioner under Section 439 Cr.P.C.
Accordingly, this/these bail application filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner – Mohit @ Jeldar S/o Jai Singh shall be released on bail in connection with FIR No.483/2018 of Police Station Rawatsar, District Hanumangarh provided he execute a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
93-pratibha/-
1 issue framed by the court
Whether the petitioner should be granted bail in a trial for murder, conspiracy, attempt to murder and abetment involving an undertrial period of over two-and-a-half years.
1 provisions across 1 enactments
MOHIT @ JELDAR
STATE OF RAJASTHAN
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
