The High Court of Rajasthan at Jodhpur allowed the second bail application of Devi Singh, an accused in a murder and grievous hurt case, granting release on bond and sureties despite the prosecution's objection.
Release on bail with personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
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[2023:RJ-JD:36952]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6874/2023
Devi Singh S/o Mohan Singh, Aged About 30 Years, R/o 106, Indra Colony, Pali P.s. Transport Nagar, Pali, Rajasthan. (At Present Lodged At Pali Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. SK Verma For Respondent(s) : Mr. SK Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/11/2023
The petitioner has been arrested in connection with FIR No. 108/2022 of Police Station Sadar Pali, District Pali for the offence punishable under Sections 302 & 323 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed by this Court vide order dated 10.10.2022 as not pressed with liberty to file afresh after recording the statement of material witnesses.
Counsel for the petitioner submits that statement of material witness/informant Mool Singh has been recorded before the trial Court and as per his statement, he specifically mentioned that coaccused Jitendra Singh inflicted injuries to the deceased and the present petitioner inflicted injury to him. According to postmortem report also, two injuries are from sharp edged weapon and third one is of abrasion. Counsel further submitted injury No.2 is on head of the deceased which is assigned to co-accused
[2023:RJ-JD:36952]
[CRLMB-6874/2023]
(2 of 2)
Jitendra Singh and not the present petitioner and the cause of death is head injury. The petitioner is in judicial custody since 25.05.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Devi Singh S/o Mohan Singh shall be released on bail in connection with FIR No. 108/2022 of Police Station Sadar Pali, District Pali provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
60-raksha/-
3 issues framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. considering the delay in trial and the statement of the material witness.
Whether the petitioner should be released on bail subject to execution of a personal bond with sureties.
Whether the totality of facts and circumstances justify granting bail without expressing an opinion on the merits of the case.
1 provisions across 1 enactments
Devi Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
