Second bail application in a murder FIR allowed relying on reasoning of a co-ordinate bench that granted bail to a co-accused. Petitioner ordered released on bond after compromise with parties and long trial anticipated.
Petitioner released on bail by furnishing personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.
[2024:RJ-JD:8924]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 2034/2024
Mithun S/o Shri Sada Shiv, Aged About 23 Years, R/o Omanis, PS Salon, District Raebareli (Uttar Pradesh). At Present Balaji Int Bhatta, Rohi, Mohanpura, PS Sadar, Sri Ganganagar, Rajasthan.
(Lodged In Central Jail Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. D.S. Thind |
|---|---|
| For Respondent(s) | : Mr. S.K. Bhati, Public Prosecutor |
| Mr. R.S. Gill |
JUSTICE DINESH MEHTA
Order
21/02/2024
[2024:RJ-JD:8924]
[CRLMB-2034/2024]
(2 of 3)
"Counsel for the petitioner submits that the petitioner is inside the jail since 29.04.2022 and all the material witnesses have been declared hostile and compromise has also been arrived at between the parties 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 counsel for the complainant concurs the fact of compromise arrived at between the parties, however, learned Public Prosecutor has opposed the third bail application.
Having regard to the totality of the facts and circumstances of the case and the facts that the petitioner is inside the jail since 29.04.2022 and compromise has also been arrived at between the parties, 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 third bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sadashiv S/o Sunder Lal shall be released on bail in connection with FIR No.183/2022 of Police Station Sadar, District Sri Ganganagar 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. "
[2024:RJ-JD:8924]
[CRLMB-2034/2024]
(3 of 3)
(DINESH MEHTA),J
113-Mak/-
2 issues framed by the court
Whether bail should be granted to the petitioner in a murder case where a co-accused has been granted bail on similar facts.
Whether the reasoning applied in the co-accused's case permits granting bail to the present applicant.
2 provisions across 2 enactments
Mithun S/o Shri Sada Shiv
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
