Bench allowed bail to petitioner Atmaram in murder case under Section 439 Cr.P.C. noting co-accused on bail and petitioner's grievous injuries without expressing opinion on merits.
Petitioner released on personal bond of Rs.50,000/- with two sureties of Rs.25,000/-.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2823/2022
Atmaram S/o Veersingh, Aged About 36 Years, R/o Kumhariya Tan Narsukhedi PS Isagarh Distt. Ashok Nagar (M.p.) At Present Confined In Distt. Jail Sikar
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
21/03/2022
This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 367/2021 registered at Police Station Dadiya, District Sikar, for the offence under Sections 302, 323, 325/34 of IPC.
Learned counsel for the petitioner submits that the petitioner is behind the bars since 23.10.2021 and charge-sheet has already been filed. As per charge-sheet, the petitioner has criminal antecedents of four cases and he is on bail in all the cases. The bail application of co-accused Ramkali @ Kalibai under Section 439 of CrPC has already been granted by the co-ordinate Bench of this Court vide order dated 04.02.2022. As per that order, wife of deceased Sanjana Kanwar has specifically assigned injuries to the other co-accused Mahendra. The petitioner himself sustained
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[CRLMB-2823/2022]
grievous injuries on his leg. The injury report of the petitioner is annexed with charge-sheet. Hence, the accused-petitioner may be released on bail.
Learned Public Prosecutor has opposed the bail application. Heard and perused the material available on record.
As per FIR, wife of deceased Sanjana Kanwar is eye-witness
and as per her police statement, Mahendra inflicted injury to her husband on his head with ‘ lathi’ . As per post mortem report of deceased Richpal Singh, his cause of death is head injury. At the instance of Mahendra, ‘ lathi ’ was recovered.
Therefore, looking to the facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Atmaram S/o Veersingh shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each (out of which one surety shall be resident of Sikar District) to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J
PAYAL/19
1 issue framed by the court
Whether the petitioner accused in a murder case is entitled to bail under Section 439 Cr.P.C. considering the evidence against other co-accused and his own nature of injury.
1 provisions across 1 enactments
Atmaram S/o Veersingh
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
