Allowed

Mahaveer Lal v. State of Rajasthan

Rajasthan HC10 Mar 2022CRLMB/776/2022

Case brief

AI extract

What is this about?

This bail application was allowed. The High Court held that since prosecution witnesses were declared hostile and the petitioner has been in judicial custody, the trial would take a long time, and the application deserved acceptance without expressing an opinion on merits.

What did the court decide?

Petitioner released on bail on personal bond of Rs.50,000/ and two surety bonds of Rs.25,000/- each to the Trial Court.

Mahaveer Lal Vs State of Rajasthan — Corruption | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR.

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….

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S.B. Criminal Misc. Bail Application No. 776/2022.

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Mahaveer Lal S/o Sh. Dalla, aged about 27 years, B/c Kalal, R/o Village Deopura-Badiya, Tehsil & Police Station Deogarh, District Rajsamand (Raj.).

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(Presently Lodged In Dist. Jail, Rajsamand).

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----Petitioner

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Versus

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State Of Rajasthan through PP

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		----Respondent
For Petitioner(s)	: Mr. Pradeep Shah. Mr. Ranjeet Singh.
For Respondent(s)	: Mr. Arun Kumar,PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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10/03/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 202/2021, Police Station Deogarh, District Rajsamand, registered for the offences punishable under Sections 341 & 302/34 of the Indian Penal Code.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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(2 of 3)

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[CRLMB-776/2022]

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Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.10497/2021) by this Court vide order dated 22.10.2021, liberty was granted to the accusedpetitioner to file fresh bail application after recording the statements of the witnesses, namely, Suresh Salvi, Gotulal and Kastur; that thereafter statement of all the above named witnesses as well as another witness Memadevi have been recorded by the learned Trial Court as PW-1 to PW-4 respectively; that all the four witnesses have not supported the story of the prosecution and, therefore, they have been declared hostile; that the accused-petitioner is in custody since 04.05.2021; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that all the four witnesses, i.e., Gotulal S/o Shankerlal (PW-1), Kastur S/o Ramaji (PW-2), Suresh Salvi S/o Mohanji (PW-3) and Memadevi W/o Kishanlal (PW-4) have not supported the story of the prosecution and thus, they have been declared hostile; that the accused-petitioner is behind the bars since 04.05.2021; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed on behalf of the accused-petitioner deserves to be accepted.

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(3 of 3)

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[CRLMB-776/2022]

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Consequently, the bail application is allowed. It is ordered that the petitioner, Mahaveer Lal S/o Dalla , arrested in connection with F.I.R. No. 202/2021, Police Station Deogarh, District Rajsamand, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/(Rupees Fifty Thousand only) with two surety bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) 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.

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(DEVENDRA KACHHAWAHA),J

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21-Mohan/-

Mahaveer Lal v. State of Rajasthan

Case brief

What is this about?

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Mahaveer Lal v. State of Rajasthan

Case brief

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