The High Court at Jodhpur disposed of a third bail application under Section 439 Cr.P.C. allowing release on bail for the petitioner, a murderer, after a prior witness turned hostile.
Petitioner released on bail by furnishing one personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 14307/2021
Mahesh S/o Kalu, Aged About 27 Years, R/o Sarthuna Fala Bhatiya, P.s. Dhambola, District Dungarpur. (Lodged In District Jail, Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora (through VC) For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
02/02/2022
This is a third bail application filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.115/2020 registered at Police Station Dhambola, Dungarpur for offence punishable under Section 302 IPC.
The second application for bail filed on behalf of the petitioner was rejected by this Court vide order dated 30.04.2021 giving him liberty to file fresh bail application after the statement of the witness Bheema is recorded at the trial. Pursuant to such direction, the witness Bheema was examined on oath as PW.4. He did not support the prosecution case and was declared hostile.
In this background and having regard to the overall facts and circumstances of case, this Court is inclined to extend indulgence of bail to the accused petitioner.
Accordingly, this third bail application is allowed and it is directed that the accused-petitioner Mahesh S/o Shri Kalu arrested
(2 of 2)
[CRLMB-14307/2021]
in connection with the F.I.R. No.115/2020 registered at Police Station Dhambola, District Dungarpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.
(SANDEEP MEHTA),J
45-Sudhir Asopa/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner after the witness Bheema was declared hostile.
1 provisions across 1 enactments
Mahesh S/o Kalu
State Of Rajasthan
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
