This bench dismissed the second bail application held premature because the coordinate bench explicitly directed the petitioner to file a fresh application only after recording the statement of the complainant, which had not yet been done.
None. Bail application dismissed as prematurely filed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 7099/2022
Harendra @ Harsh @ Mota S/o Mukesh Naresh, Aged About 22 Years, R/o Badli Dist. Jhajhar Haryana (At Present Lodged In Sub Jail Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Kumar Poonia For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/12/2022
The petitioner has been arrested in connection with FIR No.111/2020 of Police Station Sidhmukh, District Churu for the offence punishable under Sections 395, 397, 482, 120B, 212 IPC and Section 5/27 of Arms Act. He has preferred second bail application under Section 439 Cr.P.C.
The first bail application was dismissed as not pressed on 29.06.2021 with liberty to file afresh after recording the statement of complainant-Mahendra Singh.
Counsel for the petitioner submits that after rejection of the first bail application, the complainant did not turn up for his evidence before the trial court. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-7099/2022]
While rejecting the first bail application, the coordinate Bench of this Court passed a specific direction to file a fresh bail application after recording the statement of the complainant Mahendra Singh. The complainant Mahendra Singh is yet to be examined.
Thus, the petitioner has filed the present second bail application as prematurely and the same is dismissed as such.
(MANOJ KUMAR GARG),J
8-MS/-
1 issue framed by the court
Whether bail should be granted in the second bail application when the first was dismissed pending statement recording of the complainant.
1 provisions across 1 enactments
Harendra @ Harsh @ Mota
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
