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2023 Supreme(Raj) 981
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Harendra @ Heera Ram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous III Bail Application No. 696 of 2023
Decided On : 17-01-2023
Important Points
Subject
Criminal Law - Bail Applications
Act Referred
CRIMINAL PROCEDURE CODE : S.439
INDIAN PENAL CODE : S.120(b), S.302, S.34
Headnote
Bail - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the fact that only 5 out of 68 witnesses had been examined, the petitioner had been in custody for over five years, and a similarly situated co-accused person had already been granted bail. The court emphasized that the decision to grant bail was made without expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences under Sections 302/34 & 120-B of IPC and Section 3/25 of Arms Act. The petitioner had been in custody for over five years and only 5 out of 68 witnesses had been examined.
Finding of the Court:
The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case, the lengthy period of custody, and the fact that a similarly situated co-accused person had been granted bail.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The decision to grant bail was based on the limited examination of witnesses, the lengthy period of custody, and the grant of bail to a similarly situated co-accused person, without expressing any opinion on the merits of the case.
Final Decision: The third bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.
Sumer Singh Gour, Advocate, AR Choudhary, Advocate
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in FIR No.206/2017 Police Station Sardarpura, Jodhpur City West for the offences punishable under Sections 302/34 & 120-B of IPC and Section 3/25 of Arms Act. He has preferred this third bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner has pointed out that out of total 68 witnesses only 5 witness have been examined. He further submits that the petitioner is in custody for about five years and two months.
3. Learned counsel for the petitioner submits that similarly situated co-accused person, namely, Bhoma Ram has already been enlarged on bail.
4. Learned Public Prosecutor opposes the bail application.
5. Heard learned counsel for the parties as well as perused the material available on record.
6. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused person has been granted bail and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
7. Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Harendra @ Heera Ram S/o Sh. Jetha Ram shall be released on bail in connection with FIR No.206/2017 Police Station Sardarpura, Jodhpur City West provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-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.
