Second bail application under Section 439 Cr.P.C. by an accused in a murder case; the court found no ground for bail as post-mortem showed death due to head injuries allegedly inflicted by the petitioner and co-accused, and dismissed the application.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 1422/2024
Sabara @ Sayra W/o Rafiq, Aged About 60 Years, R/o Village Jurhari, Police Station Jurhara, Distt. Deeg, Rajasthan (Accused In Sub Jail Deeg).
----Petitioner
Versus
State Of Rajasthan, Through The Pp
----Respondent
For Petitioner(s) : Mr. S. S. Hasan, Senior Adv. assisted by Mr. A. B. Naqvi, Adv. Mr. Aquif Khan, Adv. For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
19/02/2024
[CRLMB-1422/2024]
(2 of 3)
the petitioner also submits that since then, the concerned Magistrate has not committed the case to the court of Sessions for trial because the complainant had filed an application for taking cognizance against other co-accused. The concerned Magistrate vide order dated 17.08.2022 summoned the co-accused Sajid @ Sunny S/o Rafiq for the offence under Sections 323, 341, 302/34 IPC. The said order was challenged by co-accused Sajid @ Sunny by filing S. B. Criminal Revision Petition No.49/2022. The Additional District and Sessions Judge, Kaman, District Bharatpur vide order dated 09.05.2023 set-aside the order dated 17.08.2022 passed by the concerned Magistrate and remanded the matter to the concerned Magistrate to decide afresh after taking into consideration the facts on record, statement of independent witnesses and Parcha Bayan of witness-Maman. Learned senior counsel for the petitioner further submits that after that, the concerned Magistrate vide order dated 19.10.2023 took cognizance against co-accused Sajid @ Sunny S/o Rafiq and Abida D/o Rafiq under Sections 147, 148, 149, 323, 341 and 302 IPC and summoned them. File is pending in summoning these socalled accused persons. Since, the concerned Magistrate has not committed the case to the court of Sessions, the trial is yet to be started. Learned senior counsel for the petitioner further submits that there is no specific averment against the petitioner regarding the alleged offence. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.
[CRLMB-1422/2024]
(3 of 3)
accused that they inflicted the injuries on the head of deceasedAzim. Azim died due to head injuries. So, looking to the gravity of offence, the 2nd bail application filed by the petitioner be dismissed.
(NARENDRA SINGH DHADDHA),J
Gourav/04
1 issue framed by the court
Whether the accused should be enlarged on bail under Section 439 Cr.P.C. given allegations she inflicted head injuries causing death and trial yet to commence.
3 provisions across 2 enactments
Sabara @ Sayra W/o Rafiq
State of Rajasthan, through the PP
Narendra Singh Dhaddha
As recorded by the court registry
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