This common order granted bail in two criminal applications filed by accused facing charges of murder and related offences arising from a fatal altercation. The High Court allowed bail without expressing an opinion on the merits of the case.
Petitioners enlarged on bail by paying a personal bond and furnishing two sureties.
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 BENCH AT JAIPUR
----Petitioners
Versus ----Respondent Connected With
State Of Rajasthan, Through PP
----Petitioners
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Sanjay Kumar Sharma For Respondent(s) : Mr. Mangal Singh Saini, PP Mr. Ajay Singh Yadhuvanshi for the complainant.
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/05/2022
(2 of 4)
[CRLMB-20914/2021]
Jhalawar for the offence(s) under Sections 341, 323, 504 and 302/34 of IPC, therefore, with the consent of the parties, the bail applications are being decided by this common order.
(3 of 4)
[CRLMB-20914/2021]
mentioned skull injury, two scars, one simple scar at left shoulder and the other one at left foot, were noticed by the Medical Officers. The injuries were opined to be caused by blunt object. The cause of death has been shown to be Coma due to an antemortem head injury.
Learned counsel submits that there was no motive; the incident has occurred in a spur of the moment without there being any pre-meditation, pre-concert or pre-plan rather after exchange of hot altercation and in heat of passion, the victim received the injury though the same was not initially dangerous to life. He further submits that even after being in a dominating situation, no undue advantage has been taken by them and they did not act in a cruel manner, which is reflecting from the post mortem report as only one injury on skull has been found to be fatal. It is further submitted that all the petitioners are family members including the petitioner Kamla, a house-hold wife, the minors in the family are facing starvation owing to the incarceration of the petitioner. The death occurred after 37 days of the incident. Thus, no offence under Section 302 IPC is made out.
(4 of 4)
[CRLMB-20914/2021]
(FARJAND ALI),J
Pcg/21-22
2 issues framed by the court
Whether the petitioners shall be enlarged on bail in the offence of culpable homicideamounting to murder.
Whether there is criminal intent to kill the deceased considering the incident occurred in a heat of passion.
1 provisions across 1 enactments
Madanlal S/o Khanhiram and Others
Vallabh Prasad S/o Kanhiram and Others
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
