Allowed

Sananath @ Chhalnath v. State of Rajasthan

Rajasthan HC23 Sept 2022CRLMB/12484/2022

Case brief

AI extract

What is this about?

This order grants bail to the petitioner accused of murder. The court held that since material witnesses have turned hostile and the trial will take a long time, it is just and proper to release the petitioner on a personal bond with sureties without commenting on case merits.

What did the court decide?

Release on bail in sum of Rs.1,00,000/- by two sureties of Rs.50,000/- each.

Sananath @ Chhalnath Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 12484/2022

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Sananath @ Chhalnath S/o Pannanath, Aged About 60 Years, R/o Naya Bhatwada Indra Colony, Sarupganj, District Sirohi. (At Present Lodged In District Jail, Sirohi)

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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. Jawan Singh Rao
For Respondent(s)	: Mr. Shrawan Bishnoi,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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23/09/2022

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The petitioner has been arrested in connection with FIR No. 0004/2022 of Police Station Sarupganj, District Sirohi for the offence punishable under Section 302 of IPC. He has preferred this third bail application under Section 439 Cr.P.C.

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The second bail application was dismissed by this Court vide order dated 05.07.2022 with liberty to file afresh after recording the statements of the witnesses, namely, Kanhaiya Lal, Ota Ram and Ashok Kumar.

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Learned counsel for the petitioner submits that material witnesses Kanhaiya Lal (PW-3), Ota Ram (PW-4) and Geeta Devi (PW-2) have been examined and they have declared hostile. Counsel further submits that there is no other connecting evidence against the petitioner to connect with the alleged crime. The accused-petitioner is in judicial custody and the trial of the case

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(2 of 2)

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[CRLMB-12484/2022]

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will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner, Sananath @ Chhalnath S/o Pannanath , shall be released on bail in connection with FIR No.0004/2022 of Police Station Sarupganj, District Sirohi provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/each to the satisfaction of 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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(MANOJ KUMAR GARG),J

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201-raksha/-

Sananath @ Chhalnath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sananath @ Chhalnath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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