Dismissed

Rishiram Sharma S/O Sh. Shambudayal v. State of Rajasthan

Rajasthan HC1 Aug 2024CRLMB/2713/2024

Case brief

AI extract

What is this about?

Single judge order dismissing a bail application filed under Section 439 Cr.P.C. regarding an offence under IPC 302. The court declined to grant bail without analyzing the merits.

What did the court decide?

Regular bail application dismissed; pending applications disposed of.

What the court decided

Rishiram Sharma S/O Sh. Shambudayal Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JP:32745]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd Bail Application No. 2713/2024 Rishiram Sharma S/o Sh. Shambudayal, R/o 69, D, Baldev Nagar, Mangyawas, Mansarover, Jaipur (At Present Confined In Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Mamoon Khalid For Respondent(s) : Mr. Bhawani Shankar Sharma, P.P. Mr. Pallav Jhalani for Mr. Anshuman Saxena

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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01/08/2024

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the accused-petitioner - Rishiram Sharma S/o Sh. Shambudayal, in connection with FIR No.627/2021 registered at Police Station Mansarovar District Jaipur for the offence(s) under Section(s) 302 of IPC.

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Learned counsel for the accused-petitioner submits that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged offences & he is behind the bars since 28.08.2021. Counsel further submits that there are contradictions in the ‘panchnama’ & post-mortem report. The prosecution did not submit the D.N.A. report and further averred that the deceased has committed suicide. The petitioner was not present at the spot. Looking to the overall facts and circumstances of the case, the petitioner may be enlarged on regular bail.

[2024:RJ-JP:32745]

[CRLMB-2713/2024]

(2 of 2)

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submitted that as per post mortem report and medical expert's evidence, there are blood clots and wounds on the body of the deceased. Learned Public Prosecutor further submits that out of 21 witnesses, the statements of 20 witnesses have been recorded. PW-21 Investigating Officer has been examined-in-chief, but has not yet been cross-examined by the petitioner. Learned Public Prosecutor further submits that the accused-petitioner has committed heinous offence and thus, the 3^rd bail application filed under Section 439 Cr.P.C. deserves to be dismissed.

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Heard learned counsel for the parties and perused the material made available on record.

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Having considered the overall allegations leveled in the FIR, the impugned order and the contentions made by learned counsel for the accused-petitioner, at this stage, scrutiny and analysis of the evidence(s) does not appear to be justified and the trial is unlikely to take long time to conclude. Thus, without commenting upon the merits/demerits of the case and looking to the overall facts and circumstances of the case, this Court does not deem it appropriate to grant the benefit of regular bail to the accusedpetitioner.

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Accordingly, the instant 3^rd bail application filed under Section 439 Cr.P.C. is dismissed.

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Pending application(s), if any, also stands disposed of.

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(VINOD KUMAR BHARWANI),J

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SAURABH /03

Rishiram Sharma S/O Sh. Shambudayal v. State of Rajasthan

Case brief

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Rishiram Sharma S/O Sh. Shambudayal v. State of Rajasthan

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What the court decided

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