This judgment deals with the second bail application filed by Mamta in a murder and robbery case. The petitioner challenged the prosecution despite lack of independent forensic evidence. The Court deemed it proper to grant bail via personal bond due to case delays.
Released on bail via personal bond of 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.
[2024:RJ-JD:21318]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 2866/2024
Mamta W/o Unka Ram, Aged About 25 Years, R/o Village Karadi, Ps Marwar Junction, Dist Pali, Raj. (Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Mahaveer Singh |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi, PP assisted by |
| Ms. Kamla Goswami |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
13/05/2024
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with F.I.R. No.60/2022 registered at Police Station Marwar Junction, District Pali registered for the offence punishable under Sections 302, 392/34, 120-B and 194 of IPC.
The first bail application was dismissed as not pressed by this Court vide order dated 07.08.2023 with liberty to file afresh after recording the statements of motbir of recovery witness and Investigating Officer.
Learned counsel for the petitioner submits that motbirs are police personnel and no independent witness has been called when the recovery was made. One of the motbir witness, PW.7 – Arvind Singh has been examined before the trial Court and there
[2024:RJ-JD:21318]
[CRLMB-2866/2024]
(2 of 2)
are material contradictions, improvements and omissions in his statement. Counsel further submits that petitioner is a lady and according to FSL report, no blood group is found on the clothes of the deceased. The petitioner is in judicial custody since 14.03.2022 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail.
I have considered the arguments advanced before me and gone through the material available on record.
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 Section 439 Cr.P.C. is allowed and it is directed that petitioner - Mamta W/o Unka Ram shall be released on bail in connection with F.I.R. No.60/2022 registered at Police Station Marwar Junction, District Pali provided she executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for her 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
74-Rashi/-
2 issues framed by the court
Whether bail should be granted in a murder and robbery case where prosecution witnesses are police personnel without independent corroboration.
Whether the petitioner, who is in judicial custody since March 2022 and a female, should be released on personal bond.
2 provisions across 2 enactments
Mamta W/o Unka Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
