The High Court of Rajasthan at Jodhpur rejected a second bail application filed by an aged petitioner accused of murder and affray. The Court declined to grant bail as it found no change in circumstances following the previous rejection and refused to comment on the merits.
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:RJ-JD:39153]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13323/2023
Mohammad Ali Khan S/o Haji Abdul Gani, Aged About 75 Years, R/o- Ward No. 25, Mohalla Vyapariyan, Dist. Churu (Presently Lodged At District Jail, Churu.)
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Hemant Nahata Mr. CVS Shekhawat |
|---|---|
| For Respondent(s) | : Mr. Laxman Solanki, PP Mr. Deepak Menariya, for the |
| complainant |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
09/11/2023
The petitioner has been arrested in connection with FIR No.221/2022 of Police Station Kotwali, Churu for the offences punishable under Sections 148, 302, 341 and 120B/149 of the IPC. He has preferred this second bail application under Section 439 Cr.P.C.
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(2 of 3)
months. It is further submitted that as per the CCTV footage, the petitioner was sitting outside his house and then he went inside. It is further submitted that the alleged place of occurrence is about 3 kms away from the house of the petitioner. Further, it is submitted that there was no conspiracy, common object, intention and active role of the petitioner in the incident. Thus, there is no evidence available on record against the petitioner. Learned counsel submits that the co-accused Mohd. Rafiq has already been enlarged on bail by the coordinate Bench of this Court vide order dated 1.2.2023 and the case of the present petitioner is not distinguishable from the case of the co-accused. Therefore, the petitioner may be enlarged on bail.
(3 of 3)
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commission of crime by the petitioner. Therefore, the petitioner may not be enlarged on bail.
(MADAN GOPAL VYAS),J
152-CPGoyal/-
2 issues framed by the court
Whether bail should be granted to an aged arrested person facing charges of murder and affray.
Whether changed circumstances exist to warrant relief on a second bail application after the first was rejected on merits.
1 provisions across 1 enactments
MOHAMMAD ALI KHAN
STATE OF RAJASTHAN
MR MEHBOOB THEEM
MADAN GOPAL VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
