Petitioner challenged orders denying default bail in a murder case. The Court held that the charge-sheet was filed within the 90-day statutory limit and dismissed the petition.
The impugned orders dismissing the bail application were upheld, and the Criminal Misc. Petition was dismissed along with pending applications.
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 AT JODHPUR
S.B. Criminal Misc(Pet.) No. 5068/2021
Roshan S/o Sh. Kewa, Aged About 25 Years, R/o Village Kharpina, Falla-Bhagal, P.s. Goverdhanvillash, Dist. Udaipur (Raj.). (Presently Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Shambhoo Singh Rathore a/w |
|---|---|
| Mr. Hitendra Singh | |
| For Respondent(s) | : Mr. S.S. Rajpurohit PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Judgment
Reserved on 05/08/2022 Pronounced on 08/08/2022
“ It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed and the impugned order dated 27.08.2021 passed by the learned Additional Sessions Judge No. 3, Udaipur and the order dated 18.03.2021 passed by the learned Additional Sessions Judge No. 3, Udaipur may kindly be quashed and set aside and the petitioner may kindly be released on default bail under the provision of Section 167 (2) (a) (i) of Cr.P.C. during trial.”
(2 of 3)
[CRLMP-5068/2021]
offence under Section 302 I.P.C. on 08.09.2020, and that on 09.09.2020, the petitioner was arrested during the course of investigation, for the said offence.
(3 of 3) [CRLMP-5068/2021]
police authorities to circumvent the provision of law contained in Section 167(2) Cr.P.C.
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-
2 issues framed by the court
Whether the petitioner is entitled to default bail given that the charge-sheet was filed within the statutory time limit.
Whether this Court should interfere under Section 482 Cr.P.C. to quash the lower court orders dismissing the bail application.
2 provisions across 1 enactments
Roshan
State Of Rajasthan
DR. PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
