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2022 Supreme(Raj) 2825
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Chandra Kumar Songara, J.
Jahid Khan & Ors. – Appellant
Versus
State of Rajasthan Through PP – Respondent
S.B. Criminal Miscellaneous Bail Application No. 11823/2022
Decided On : 31-10-2022
Mr. Rajeev Surana, Sr. Adv. Assisted by Mr. Sankalp Sogani, Ms. Anushree Sharma, Ms. Suchita Sheoman & Ms. Muskan Verma, for the Appellant; Mr. Babulal Nasuna, P.P., Mr. Ashvin Garg, for the Respondent
The gravity of the offences and the specific roles attributed to the accused in the statements of witnesses are crucial factors in determining bail applications.
Headnote:
Bail - Murder Offences - The court dismissed the bail applications under Section 439 Cr.P.C. for the offences under Sections 147, 148, 149, 323, 341, 434, 307 and 302 of I.P.C. & 4/25 of Arms Act, considering the gravity of the offences and the specific roles attributed to the petitioners in the statements of injured eye witnesses.
Fact of the Case:
The bail applications were filed in connection with a murder case involving the petitioners, who were named in the FIR and were alleged to have specific roles in the murder of two persons. Recovery of weapons and statements of injured eye witnesses were presented as evidence.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, deemed it not proper to enlarge the petitioners on bail, considering the gravity of the offences and the specific roles attributed to them.
Issues: The main issue was whether the petitioners should be enlarged on bail despite the gravity of the offences and the specific roles attributed to them in the statements of injured eye witnesses.
Ratio Decidendi: The court's decision was influenced by the gravity of the offences, the specific roles attributed to the petitioners in the statements of injured eye witnesses, and the recovery of weapons linked to the petitioners.
Final Decision: The bail applications under Section 439 Cr.P.C. were dismissed, and the petitioners were not enlarged on bail.
ORDER
1. These bail applications have been filed under Section 439 Cr.P.C in connection with FIR No.133/2021 registered at Police Station Lalkothi, Jaipur City (East) for the offences under Sections 147, 148, 149, 323, 341, 434, 307 and 302 of I.P.C. & 4/25 of Arms Act.
2. Learned counsel for the petitioners submits that in this matter, cross FIR has been lodged in which the complainant party is aggressor and proper video footage of the entire incident is available. In the present matter accused- Anas & Faizal were juveniles and the juvenile Court has acquitted them. Recovery of spade (Fawda) is falsified as there is no injury of the Fawda on the person of deceased. No specific role has been attributed of Jahid Khan, Tahir Khan & Arshad Khan. The petitioners had no weapon in their hands nor they caused any injury. Counsel further submits that charge-sheet has been filed and the conclusion of the trial will take time. Hence, petitioners may be enlarged on bail.
3. Learned counsel for the petitioners have relied upon the orders passed in the cases of Naresh Vs. State & Anr. (S.B. Criminal Appeal No.1920/2021) decided on 06.04.2022 Rajasthan High Court, Narain Vs. State of Rajasthan S.B. Criminal Misc. Bail Application No.1336/2001 decided on 17.04.2001 Rajasthan High Court, Ganpat Vs. State of Rajasthan reported in 1998 (2) RajCriC 198, Laxmi Narain & Anr. Vs. State of Rajasthan reported in 2001 SCC OnLine Raj. 416, Laxmi Narain Vs. State of Rajasthan & ors. D.B. Criminal Appeal No.1643/2002 decided on 28.04.2005 Rajasthan High Court and Rajendra & ors. Vs. State of Rajasthan reported in 2005 SCC OnLine Raj. 363.
4. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail applications.
5. It is further submitted by the learned counsel for the complainant that specific role of petitioners have been attributed in the statements of injured eye witnesses Sakir & Sajid and looking to the facts and gravity of offences, bail applications of the petitioners may kindly be rejected.
6. Heard.
7. Perused the file and judgment relied upon by petitioners.
8. Learned State counsel submitted the factual report which is taken on record. As per factual report, the petitioners Tahir Khan and Zahid Khan have criminal antecedents of one case each.
9. It is a case of murder of two persons namely Shabir Khan and Smt. Nafisa Khan. The petitioners are named in the FIR. Specific role of the petitioners have been attributed in the statements of injured eye witnesses Sajid Khan & Shakir Khan. At the instance of petitioner Zahid Khan, one blood stained spade (Fawda) was recovered. At the instance of petitioner Tahir Khan, one peace of iron pipe was also recovered. As per postmortem report of Shakhir Khan & Smt. Nafisa Khan cause of death are shock brought about as a result of cumulative effect of injuries No.1 & 2. Therefore, considering the submissions made by learned counsel for the complainant and taking into consideration overall facts and circumstances of the case and gravity of offences but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioners on bail.
10. Accordingly, the bail applications under Section 439 Cr.P.C. are dismissed.
