Bail applicant requested leave to file a fresh application after the complainant's statement is recorded. The court dismissed the current application ab-initio but granted liberty for a subsequent filing.
Liberty granted to file a fresh bail application after recording the complainant's statement.
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[2023/RJJD/014678]
[CRLMB-117/2023]
(1 of 1)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 117/2023
Nijam Khan S/o Jumme Khan, Aged About 24 Years, R/o Tharusar, Police Station Chattargarh, Bikaner. (Presently Lodged In Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma. For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
11/05/2023
Learned counsel representing the petitioner does not want to press the instant bail application at this stage, however, he craves leave of the Court to file a fresh bail application after the statement of the complainant Anuyasa is recorded.
Accordingly, this bail application is dismissed as not pressed with liberty prayed for. It is expected from the trial court that the statement of the complainant Anuyasa shall be recorded on priority basis. In case, the prosecution witnesses try to delay the trial by way of avoiding their appearance for recording their statements before the trial court, the petitioner shall be at liberty to file a fresh bail application.
(KULDEEP MATHUR),J
41-Tikam/-
1 issue framed by the court
Whether the bail application should be pressed or dismissed at this stage given the counsel's stance.
Nijam Khan
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
