Mahipal @ Monti Singh vs State Of Rajasthan ...
2023 Latest Caselaw 3319 Raj

[2023/RJJD/011258] (1 of 4) [CRLMB-2121/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2121/2023

Mahipal @ Monti Singh S/o Kiran Singh, Aged About 35 Years, Village Bichava, P.s. Khunkuna, Dist. Nagaur. (Presently Lodged At High Security Jail, Ghughra Ghati, Ajmer).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Vijay Bishnoi
For Respondent(s)         :     Mohd. Anees Bhurat, PP




          HON'BLE MR. JUSTICE MADAN GOPAL VYAS


                                     Order

20/04/2023

The petitioner has been arrested in connection with FIR

No.320/2014 of Police Station - Sujangarh, District Churu for the

offences punishable under Sections 307, 120-B, 148 & 341 of IPC.

He has preferred this bail application under Section 439 Cr.P.C.

2) Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this present case. It is

further submitted that the occurrence took place on 28.09.2014

and the petitioner is in custody since 29.08.2016. It also

submitted that till this date, the Trial Court has not examined the

witnesses. Learned counsel for the petitioner further submits that

if the injury report is seen, then it is clear that out of 11 injuries,

only injury No.1 is grievous in nature. It is also submitted that

[2023/RJJD/011258] (2 of 4) [CRLMB-2121/2023]

the co-accused namely Ramdutt @ Sonu, Deva @ Devender,

Parvez Ahmed, Hanuman Singh Gogamedi, Vijay Kumar Mandia,

Nirmal Kumar, Kailash Dan @ KD Charan and Damodar Singh

have already been enlarged on bail by co-ordinate benches of this

Court vide orders dated 22.02.22, 27.01.22, 04.01.19, 09.04.18,

20.02.17, 11.01.16, 01.05.15, 12.05.22 respectively. It is also

submitted that the petitioner has been granted the benefit of bail

by the co-ordinate benches of this Court in SB Criminal

Miscellaneous Bail Application No. 13430/2022 pertaining to FIR

No. 24/2016, registered at PS Panchodi, District Nagaur and in SB

Criminal Miscellaneous Bail Application No. 537/2023 pertaining

to FIR No. 23/2016, registered at PS Panchodi, District Nagaur

vide orders dated 09.02.23 and 03.01.23 respectively.

Chargesheet has already been filed in the matter. The accused-

petitioner is in custody since more than six years and the trial of

the case will take long time to be concluded. It is further

submitted that the petitioner is not responsible for the delay in

trial and therefore, the benefit of bail should be granted to the

accused-petitioner. In support of his contentions, learned counsel

for the petitioner relied upon the judgment passed by co-ordinate

bench of this Court in SB Criminal Miscellaneous IInd Bail

Application No. 12096/2022 (Suraj v. State of Rajasthan).

3) Learned Public Prosecutor has vehemently opposed the bail

application and submitted that the petitioner is a habitual offender

and as many as five other cases alleging offence under Sections

307 of the IPC and 3/25 of the Arms Act alongwith other offences

are pending consideration before the concerned Trial Courts.

[2023/RJJD/011258] (3 of 4) [CRLMB-2121/2023]

Therefore, it is prayed that the bail application preferred by the

petitioner may be rejected.

4) Having regard to the totality of the facts and circumstances

of the case and fact that only one injury is reported to be grievous

in nature and that the petitioner is in jail since more than six

years, without expressing any opinion on the merits of the case,

this Court is of the opinion that the bail application filed by the

petitioner deserves to be accepted.

5) Accordingly, the bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Mahipal @

Monti Singh S/o Kiran Singh shall be released on bail in

connection with FIR No.320/2014 of Police Station - Sujangarh,

District Churu, provided he executes a personal bond in a sum of

Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-

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. The petitioner

is further directed:-

(i) not to take undue advantage of liberty or misuse liberty;

(ii) not act in a manner injurious to the interest of the prosecution;

(iii) surrender passport, if any, to the lower court within a week;

(iv) not leave India without prior permission of the concerned trial Court;

(v) furnish the present address or residence to the investigating officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court.

6) The authorities will release the petitioner only if he is not

required in connection with any other offence for the time being.

[2023/RJJD/011258] (4 of 4) [CRLMB-2121/2023]

It will be open for the concerned Court to modify and/or relax any

of the above conditions, in accordance with law.

(MADAN GOPAL VYAS),J 13-neha/-

Powered by TCPDF (www.tcpdf.org)