This order disposes of a bail application under Section 439 CrPC regarding a murder prosecution. The Court rejected the petition due to evidence of recovery and other witness support.
The bail application is dismissed and the petitioner remains in custody.
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.
[2023/RJJD/014638]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12674/2022
Rameshwar Lal S/o Panna Lal Bheel, Aged About 39 Years, Bheelo Ka Jhopdiya Kankroliya Ghati Kachola Dist. Bhilwara. (At Present At Dist. Jail, Mandalgarh Dist. Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : | Mr. Jitendra Ojha |
|---|---|---|
| For Respondent(s) | : | Mr. Sumer Singh Rathore,PP |
| Mr. Kamla Goswami,AGA |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
10/05/2023
This application for ball under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.127/2021, registered at Police Station Kachola, District Bhilwara, for offence under Section 302 of the IPC.
Learned counsel for the petitioner submitted that star witness of the prosecution namely, Foru alias Forja (PW-5) in his court statements, has not supported the prosecution story and has been declared hostile. Learned counsel further submitted that as per the FIR, the deceased-Ladu Bhil on 20.08.2021, while returning to house situated at Bhilon Ka Jhupadia (Kankrolia Ghati) from the house of the complainant, in an inebriated state, fell down near bushes and got stuck there, because of which he passed away.
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[CRLMB-12674/2022]
(2 of 3)
Learned counsel further submitted that no evidence indicating that the petitioner murdered the deceased is available on record and thus, he implored the Court to enlarge the petitioner on bail.
Learned Public Prosecutor vehemently opposed the bail application and submitted that from perusal of the post-mortem report dated 21.08.2021, it is revealed that the cause of death of the deceased was strangulation. Learned Public Prosecutor further submitted that apart from statement of Foru @ Forja (PW-5) who has turned hostile, all other prosecution witnesses namely, Modu Lal (PW-1), Kall (PW-3), Dr. Mayank Kumar (PW-8) and Kana alias Kanhia Lal (PW-9) have supported the prosecution story. More so, from the statement of Kali (PW-3), wife of the deceased, it is manifest that motive for the petitioner to murder the deceased was that the deceased tried to stop the petitioner from meeting/contacting his wife- Kali (PW-3). Learned Public Prosecutor further submitted that from the statements of aforesaid witnesses, it is evident that on the date of incident, the present petitioner and deceased consumed liquor together. Learned Public Prosecutor submitted that other than statements of aforesaid witnesses, the place of occurrence has also been identified by the present petitioner coupled with recoveries of pair of slippers ( chappal ), used for strangulating the neck of the deceased and other articles such as wallet, Aadhar card, passport size photographs of the deceased, at the instance of the petitioner.
Having considered the rival submissions, facts and circumstances of the case, and after perusing the statements of
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PW-1, PW-3, PW-8 and PW-9, so also the fact that there is evidence available against the petitioner in form of recoveries effected at his instance, this Court is not inclined to grant bail to the petitioner.
Accordingly, the present bail application is dismissed.
(KULDEEP MATHUR),J
52-Prashant/-
1 issue framed by the court
Whether bail can be granted to the petitioner in a murder investigation where recovery of murder weapon and hostile witness testimony exist.
2 provisions across 2 enactments
RAMESHWAR LAL S/O PANNA LAL BHEEL
STATE OF RAJASTHAN
KULDEEP MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
