Allowed

Sadul Singh v. State of Rajasthan

Rajasthan HC16 Jul 2024CRLMB/6217/2024

Case brief

AI extract

What is this about?

This High Court allowed a second bail application in a murder trial. The court granted bail due to the prosecution's failure to record the testimony of a star witness after multiple summons and finds that the petitioner has been incarcerated for over two years.

What did the court decide?

Petitioner enlarged on bail with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Sadul Singh Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JD:29556]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 6217/2024

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Sadul Singh S/o Sh Arjun Singh, Aged About 28 Years, R/o Champasar , P.s. Bhojaspur Distt- Jodhpur Raj ( At Present Lodged In Central Jail, Jodhpur)

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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)	: Dr.A.P. Singh
	Mr. V.P. Singh
	Mr. Devi Singh
	Ms. Geeta Chauhan
For Respondent(s)	: Mr. Abhishek Purohit,AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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16/07/2024

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The jurisdiction of this court has been invoked by way of filing the instant second bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	146/2022
2.	Concerned Police Station	Bhojasar
3.	District	Jodhpur Rural
4.	Offences alleged in the FIR	Sections 302 & 201 of the IPC
5.	Offences added,if any	-
6.	Date of passing of impugned order	-

(2 of 4)

[2024:RJ-JD:29556]

[CRLMB-6217/2024]

His first bail application being SBCRLMB No.5889/2023 was dismissed not pressed by this Court vide order dated 15.03.2024. Hence, the instant application for bail.

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It is contended on behalf of the accused-petitioner that the petitioner is behind the bars since year 2022 and no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor as also the counsel for the complainant oppose the bail application and submits that the present case is not fit for enlargement of accused on bail. 5. Have considered the submissions made by both the parties and have perused the material available on record. 6. Perusal of the material revealing that the deceased was married to one Shravan Lal S/o Shanker Lal twelve years ago and out of their wedlock one son and two daughters were born out. It is the case of the prosecution that there was a discord between the spouses and it is alleged that she used to be treated cruelly by her in-laws. The prosecution further suggest that on 19.02.2022, the deceased was killed by her husband with the aid of the present petitioner. His first bail application was dismissed as not pressed with the liberty to him to renew the prayer after the statement of prosecution witness Sanaya is recorded in the trial. After rejection of the bail application, one important witness Devi Singh got examined in the trial and who has turned hostile as such

(3 of 4)

[2024:RJ-JD:29556]

[CRLMB-6217/2024]

somehow a serious dent has put in the case of the prosecution. The learned trial Court made all sincere endeavors to record the statement of child witness Sanaya but of no avail. Since the prosecution party seems to be adamant in not producing her.

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The above thing can be presumed from the report dated 24.05.2024 sent by the learned trial Judge addressing to this Court, as per which, process was issued to the star witness on several occasions, even bailable warrants were issued and dasti notice was given to the Superintendent Of Police, Phalodi with a direction to get the service effected upon the witness but somehow, the prosecution has withheld recording the testimony of the star witness No.12 Ms.Sanaya @ Sneha and it seems that service upon her is being evaded deliberately and perhaps for the reason to see longevity of the detention of the petitioner. Such course and attempt by the witness or the persons behind her cannot be appreciated and this Court won’t like to see defeat of accused in getting justice. As a matter of fact, the petitioner has nothing to do with the family of the deceased, as neither he is a relative nor having any animosity with them; the motive and cause behind the murder of the deceased can seriously be disputed by the defence. Be that as it may, this Court desist itself from making any comment in this regard, as it may influence the trial but looking to it’s snail’s pace progress and the keeping in mind the fact that petitioner is behind the bars for around two years, he cannot be kept behind the bars for an indefinite period.

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It is nigh well settled law that at a pre-conviction stage; bail is a rule and denial from the same should be an exception. The purpose behind keeping an accused behind the bars during trial

(4 of 4)

[2024:RJ-JD:29556]

[CRLMB-6217/2024]

would be to secure his presence on the day of conviction so that he may receive the sentence as would be awarded to him. Otherwise, it is the rule of Crimnal Jurisprudence that he shall be presumed innocent until the guilt is proved.

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Accordingly, the instant second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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49-Mamta/-

Sadul Singh v. State of Rajasthan

Case brief

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Sadul Singh v. State of Rajasthan

Case brief

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