High Court allowed bail in a murder case where the petitioner was implicated solely on confession by witnesses who later turned hostile, leading to bleak chances of conviction. Bail imposed with a personal bond and two sureties.
Released on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each until trial completion.
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[2023/RJJD/014395]
[CRLMB-11284/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11284/2022
Jeevan Lal S/o Rodi Lal Bheel, Aged About 30 Years, Arniya Kankar, Dingle, P.s. Nathdwara Dist. Rajsamand. (At Present Lodged In Sub Jail, Nathdwara).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. R.S. Chouhan. Mr. Shakti Singh. For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
10/05/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.398/2021 registered at Police Station Nathdwara, District Rajsamand, for offence under Section 302 IPC.
Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner has been implicated in this case solely on the basis of his confession made before the complainant Chatar Lal and one Ms. Girja. Learned counsel further submitted that the complainant Chatar Lal (PW-1) and Ms. Girja (PW-3), in their statement recorded by the competent criminal court on 19.07.2022 and 07.09.2022 respectively, have not supported the prosecution story
[2023/RJJD/014395]
[CRLMB-11284/2022]
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and have turned hostile. He thus submitted that there are bleak chances of the petitioner being convicted in this case. The petitioner is in judicial custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jeevan Lal S/o Rodi Lal Bheel arrested in connection with F.I.R. No.398/2021 registered at Police Station Nathdwara, District Rajsamand, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
48-Tikam/-
2 issues framed by the court
Whether the petitioner entitled to bail in murder case implicating him solely on confession where witnesses have turned hostile.
Whether the delay in trial warrants enlarging the petitioner on bail.
1 provisions across 1 enactments
Jeevan Lal S/o Rodi Lal Bheel
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
