Dismissed

Jai Singh @ Reshu S/O Shri Brahmanand v. the State of Rajasthan

Rajasthan HC1 Dec 2022CRLMB/4282/2022

Case brief

AI extract

What is this about?

The High Court rejected bail applications from petitioners charged with murder attempt and murder arising from incidents in 2018, citing their repeated offenses and potential to tamper with evidence, though directed trial expediency.

What did the court decide?

Applications for regular bail under Section 439 Cr.P.C. rejected; directed trial court to expedite trial under Section 309 Cr.P.C.

Jai Singh @ Reshu S/O Shri Brahmanand Vs the… — Murder and Culpable Homicide | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 20681/2021

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Jai Singh @ Reshu S/o Shri Brahmanand, Aged About 37 Years, R/o Unda Sadar Baran Dist. Baran Raj. (Presnetly Lodged In Dist. Jail At Baran)

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----Petitioner

¶5

Versus

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State of Rajasthan, Through PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 4282/2022

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Jai Singh @ Reshu S/o Shri Brahmanand, Aged About 38 Years, R/o Unda Sadar Baran, District Baran (Rajasthan). (Presently Lodged In District Jail At Baran).

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----Petitioner

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Versus

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The State of Rajasthan, Through Public Prosecutor

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 10204/2022 Dharmraj Son Of Shri Bajranglal, Resident Of Unda, Sadar Baran District Baran At Present In Distt. Jail Baran

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----Petitioner

¶17

Versus

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State of Rajasthan, Through The PP

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 10205/2022 Dharmraj Son Of Shri Bajranglal, Resident Of Unda, Sadar Baran District Baran At Present In Distt. Jail Baran

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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)

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: Mr. Ram Mohan Sharma, Mr. Suresh Kumar Sahni, Mr. Harendra Singh,

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(2 of 7)

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[CRLMB-20681/2021]

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Mr. Chandra Shekhar on behalf of Mr. Gurpreet Singh Sodhi For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG Mr. N.S. Dhakad for complainant Mr. Aashish Kumar Bhargava, Dy.S.P.

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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Reserved on 28/11/2022 Pronounced on 01/12/2022

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Two incidents occurred on the same day for which two FIRs No. 255/2018 and 256/2018 were registered against the petitioners and co-accused persons with Police Station Baran Sadar, District Baran on 01.08.2018 and all the petitioners were arrested and they applied for bail under Section 439 Cr.P.C before the Court of Additional Sessions Judge No.1, Baran and their bail applications were rejected by different orders.

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Since both incidents occurred on the same day in two series, hence, all these bail applications have been clubbed and heard together.

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This case has a chequered history and the facts in a capsulized form deserve to be mentioned at the outset for the purpose of adjudicating the bail plea of the petitioners.

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The informant Smt. Manisha Nagar lodged an FIR No. 0256/2018 stating therein that on 31.07.2018 at about 8 P.M., she, her mother-in-law Rukhmani Bai and her husband Madhusudan were at home, where her brother-in-law (Jeth) Shyam Bihari came in blood stained condition and told that Jaisingh, Dharmraj etc. have assaulted him. Her husband Madhusudan took Shyam Bihari to hospital. Thereafter, at about 8:30 P.M., Jai Singh @ Reshu, Dharmraj, Mahaveer came armed

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(3 of 7)

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[CRLMB-20681/2021]

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with country made pistol, sharp edged weapon and sticks along with others and brutally assaulted and attacked her mother-in-law Rukhmani Bai. After that, they followed her to commit her murder but she rushed towards the other gates of the home and ran away. Thereafter, all the accused flew away on the motor-cycles. When she came back, she saw that her mother-in-law was dead. Earlier also, these persons assaulted his father-in-law Modulal and uncle-in-law Satyanarayan.

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When Shyam Bihari was admitted in Emergency Ward of Government Hospital, Baran, his Parcha Bayan was recorded in which he stated that Jai Singh along with other accused persons assaulted and inflicted knife injury on his body and shot fire on their car.

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Upon these reports, two FIRs No. 255/2018 and 256/2018 were registered under Section 307 IPC in which both the petitioners were arrested and both applied for bail.

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Counsels for the petitioners submitted that in FIR No. 255/2018, the petitioners are in jail since last four years and the trial is proceeding like a snail pace. Counsels submitted that the opinion of the doctors with regard to the injuries is quite vague and that due to the old enmity, the petitioners have been falsely booked in these cases.

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While arguing bail applications in FIR No. 256/2018, the learned counsel for the petitioners submitted that allegations against the petitioner Jai Singh @ Reshu is that he shot fire by gun upon the deceased while as per Post Mortem Report (for short ‘PMR’), the deceased has not sustained any gun-shot injury. Counsel for the petitioner Dharamraj submitted that the petitioner has been falsely implicated and he is in judicial custody since last

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(4 of 7)

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[CRLMB-20681/2021]

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four years. Counsel submits that co-accused Mahaveer and Manoj Kumar Meena have already been granted indulgence of bail, hence the same indulgence be granted to the petitioners also.

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Per contra, the learned Government Advocate -CumAdditional Advocate General assisted by the counsel for the complainant opposed the bail applications and submitted that the petitioners are habitual offenders and they are after the life of the family members of the complainant. It is submitted that the petitioners have repeatedly committed the offence of attempt of murder of family members of the complainant thrice and they have been convicted under Section 307 IPC in FIR No. 418/2015 and have been sentenced to undergo ten years imprisonment. It is submitted that the petitioners were earlier granted bail in FIR No. 418/2015 but they misused the liberty and attempted to commit murder of Shyam Bihari and when they were not satisfied then again repeated the incident with the deceased Rukhmani Bai and committed her murder by causing the following injuries mentioned

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in the PMR:-

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“ (1) Stab wound (oblique) with blood clots- 2.01 cm x upto tracheal lumon on the mid of the upper part of neck (antr. aspect) (2) Stab wound (oblique)with blood clots- 3 x 1.5 cm X Tracheal dumendeep on mid of Neck antrly just below injury No.1. (3) Stab wound (oblique) with blood clots- 2 x 1 cm x Tracheal dumendeep on the mid of Neck antrly below the injury No.2. (4) Stab wound (oblique) with blood clots- 2.5 x 1 cm x Tracheal dumen deep on the antrly surface of Neck just below the injury No.3.

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(5.) Stab wound (oblique) with blood clots- 3 x 1.5 cm x Tracheal dumendeep anterly at mid of Neck near the inujry No.2. (6.) Stab wound (oblique) with blood clots- 3 x 1.5 cm x muscle deep on the left side of Neck on the outer Border of (anterior) Sterno cliodmastoid muscle of Neck.

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(7.) Stab wound (oblique)= bloodclots- 1.5x 1 cm x muscle deep on the right side of Neck just above the sternum end of right clavicle.

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(8.) Stab wound (oblique) with blood clots 1.5x 1 cm x muscle deep just above the middle 1/3rd of rt. clavicle bone.

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(5 of 7)

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[CRLMB-20681/2021]

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(9.) Stab wound (oblique) with bloodclots - 1.5 x 1 cm x muscle deep on the right side of Neck at antr. border of right Sternocleidomastoid muscle of Neck.

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(10.) Stab wound (oblique) with blood clots- 1.5 x 1 cm x muscle deep on the middle 1/3rd of rt. clavicle bone near injury No.8

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(11.) Stab wound (oblique) with blood clots- 2 x 1.5 cm x upto outer surface of uterus on the lower part of abdomen just above pubic symphysis bone.

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(12.) Stab wound (oblique) with blood clots- 2 x 1.5 cm x muscle deep on upper end of right thigh at antr. axillary bone. (13.) Stab wound (oblique) with blood clots- 1.5 x 1 cm x muscle deep on Back (Nape) of Neck.

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(14.) Five Lacerated wound with blood clots- size about 3 x mm x 0.5 cm on the right scapular region spreading in area of 5 – 7 cm. (15.) Swelling- 4x 4 cm on right scapular region.”

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Counsels submitted that the allegations levelled against the petitioners are corroborated by the injuries mentioned in the PMR and the allegations levelled against the petitioner Jai Singh are further corroborated by the recovery of the live cartridges found by the police on the ‘scene of offence’. Counsels submitted that the weapons of offences i.e. knife and country made pistol, have been recovered at the instance of both the petitioners respectively in both the cases. Counsels submitted that the petitioners have been charge-sheeted for the offence under Section 302 read with Section 460 IPC. So the individual act of each accused is not required to be seen at the stage of deciding their bail applications. Counsels submitted that at the time of hearing of bail applications of co-accused Mahaveer and Manoj Kumar Meena, both FIRs No. 295/2018 and 296/2018 were not brought into the notice of the Court. It is submitted that the petitioners have misused the liberty of bail granted to them in FIR No. 418/2015 and they repeated the similar offences again and again. Therefore, there is every likely hood that the petitioners, if granted bail, would misuse the concession again.

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(6 of 7)

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[CRLMB-20681/2021]

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Heard and considered the rival submissions.

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Looking to the contentions put forward by the counsels, it is revealed that thrice the same incident has been repeated by the petitioners and co-accused persons with the family members of the complainant in the year 2015 and 2018 respectively. Two series of incidents were repeated on the same day where an attempt was made to commit murder of Shyam Bihari and after that Rukhmani Bai was murdered. Looking to the past conduct of the petitioners, if they are enlarged on bail during the pendency of the trial, there may be a serious possibility of tempering with the evidence and thereby thwart the course of justice.

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In this background and having regard to the facts and circumstances of the case, the request for regular bail, therefore, cannot be accepted. Applications for regular bail under Section 439 Cr.P.C. deserve to be rejected and accordingly rejected.

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However, while balancing the scale, keeping in mind the offences being of the year 2018 and the petitioners are in judicial custody since last four years, the trial Court is directed to expedite the process of completing the trial sooner as possible by keeping in mind the provision of Section 309 Cr.P.C., where the petitioners shall cooperate.

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Before parting with the order, I would like to place on record by abundant caution that whatever has been observed here-in-above has been said only for the purpose of disposing of the prayer of bail made by the petitioners. Nothing contained in this order shall be construed as expression of a final opinion on any of the issues of fact or law arising for decision in the case, which shall naturally have to be done by the trial court at the appropriate stage of the trial.

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(7 of 7)

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[CRLMB-20681/2021]

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Registry is directed to place a copy of this order in the

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connected case files.

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(ANOOP KUMAR DHAND),J

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Sharma NK/5-8

Jai Singh @ Reshu S/O Shri Brahmanand v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jai Singh @ Reshu S/O Shri Brahmanand v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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