The High Court of Rajasthan allowed two bail applications filed under Section 439 Cr.P.C. in a murder case. The court deemed it just and proper to grant bail pending investigation, considering the hostile witnesses and delay in ascertaining the cause of death.
Petitioners enlarged on bail for Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5953/2023
Sunil Kumar S/o Banwari Lal, Aged About 23 Years, R/o W.no. 12, Netewala Police Station Chunawadh Dist. Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 5954/2023 Kalu Ram S/o Sh. Phula Ram, Aged About 43 Years, R/o 1/101, Housing Board Ward No. 52, P.s. Jawahar Nagar, Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. R.S. Choudhary |
|---|---|
| Mr. J.K. Suthar | |
| For Respondent(s) | : Mr. Shrawan Bishnoi, PP |
| Mr. M.S. Soni for complainant |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/10/2023
The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.16/2023 registered at Police Station Chunawadh, District Sriganganagar for the offences punishable under Sections 302, 458, 449, 323 and 34 of the IPC.
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[CRLMB-5953/2023]
(2 of 3)
Learned counsel for the petitioners submits that eye witnesses, viz., Vinod Kumar (complainant) and Surendra Kumar have been examined before the trial Court as PW.1 & PW.2 and they declared hostile. He submits that one of the eye witnesses Jagdish in his statement recorded under Section 161 Cr.P.C. has clearly mentioned that occurrence has already taken place when he reached the place of occurrence. Therefore, no other eye witness remains to be examined. Counsel further submits that cause of death of deceased has also not ascertained yet. The petitioners are in judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioners.
Learned Public Prosecutor and learned counsel appearing on behalf of the complainant have vehemently opposed the prayer for bail.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners – (1) Sunil Kumar S/o Banwari Lal and (2) Kalu Ram S/o Sh. Phula Ram shall be enlarged on bail in FIR No.16/2023 registered at Police Station Chunawadh, District Sriganganagar provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned
(3 of 3) [CRLMB-5953/2023]
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trial Judge for their appearance before the court concerned on all
the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
47-48-Rashi/-
2 issues framed by the court
Whether the petitioners are entitled to bail in the facts and circumstances of the case.
Whether the pending investigation and absence of cause of death warrant release on bail.
1 provisions across 1 enactments
Sunil Kumar S/o Banwari Lal
Kalu Ram S/o Sh. Phula Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
