The High Court of Rajasthan disposed of a bail application filed by an appellant convicted in a murder case. The court dismissed the plea, noting the fatal injury was specifically assigned to the appellant and corroborated by the postmortem report, outweighing comparisons to other cases.
Bail application of the appellant was dismissed.
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[2023:RJ-JD:23068]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 377/2023
Pintu Nath S/o Shri Bhanwar Nath, Aged About 22 Years, R/o Ward No. 2, Sardarsahar, District Churu (Raj.) (Presently Lodged At District Jail, Churu)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Dinesh Godara. For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
24/07/2023
Heard learned counsel for the parties.
Learned counsel for the appellant submits that the case of the appellant stands on similar footing to the case of Mohammed Shakil Kaji who was enlarged on bail by this court vide order dated 01.12.2020. He further submits that other similarly situated persons have also been enlarged on bail, therefore, even in the worst circumstances, his case is taken into consideration under section 149 of IPC, he is entitled to be released on bail.
Per contra, learned Public Prosecutor submits that fatal injury was assigned to the deceased by the appellant and one Harlal. As per the Parcha Bayan of Sunil Kumar, the appellant inflicted injury to him with an iron pipe. The Parcha Bayan of the deceased is corroboratted from his postmortem report.
[2023:RJ-JD:23068]
[CRLAS-377/2023]
(2 of 2)
Considering the submissions made and the fact that in the Parcha Bayan of deceased Sunil Kumar, the appellant has been specifically assigned the injury on the head of deceased which is corroborated from his postmortem report, I am not inclined to enlarged the appellant on bail. Consequently, the bail application filed by the appellant is dismissed.
(VINIT KUMAR MATHUR),J
101-AnilSingh/-
1 provisions across 1 enactments
Pintu Nath
State Of Rajasthan
Ajeet Raigar
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
