Rajasthan High Court
Deelipsingh @ Sarwansingh S/O ... vs State Of Rajasthan ... on 3 February, 2023
Bench: Pankaj Bhandari
[2023/RJJP/001611]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 7th Bail Application No. 1086/2022
Deelipsingh @ Sarwansingh S/o Meharbansingh, R/o
Kharpakhurd PS Pidawa, Distt. Jhalawar (Raj.). (At Present
Confined In Distt. Jail Jhalawar).
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Applicant(s) : Mr. Vijendra Yadav
For State : Mr. Sher Singh Mahla, P.P.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
03/02/2023
1. Applicant has filed this 7th bail application under Section 439
of Cr.P.C.
2. F.I.R. No. 135/2019 was registered at Police Station Pidawa,
District Jhalawar for offences under Sections 147, 148, 149, 341,
323 & 302 I.P.C.
3. Counsel for the applicant does not press the application (I.A.
No.1/2023) for treating the regular bail application as interim bail
application.
4. Application (I.A. No.1/2023) is accordingly dismissed as not
pressed.
5. It is contended by counsel for the applicant that no motive is
assigned by prosecution. It is also contended that applicant has
remained in custody for a period of 3 years and 7 months. Out of
26 witnesses, statement of only 10 witnesses have been recorded.
[2023/RJJP/001611] (2 of 3) [CRLMB-1086/2022]
Trial is going to take time. It is further contended that allegation
against the present applicant is of causing injury to the deceased
with stone.
6. Counsel for the applicant has placed reliance on various
judgments; "Abdul Majeed Lone Vs. Union Territory of
Jammu and Kashmir" (Petition for Special Leave to Appeal (Crl.)
No.3961/2022 decided by the Apex Court on 01.08.2022), "Amit
Singh Moni Vs. State of Himachal Pradesh" (Criminal Appeal
No.668/2020, decided by the Apex Court on 12.10.2020), "Tapan
Das Vs. Union of India" (Petition for Special Leave to Appeal
(Crl.) No.5617/2021, decided by the Apex Court on 07.10.2021),
wherein, bail was granted taking note of the custody period of the
accused.
7. Learned Public Prosecutor has opposed the 7th bail
application. It is contended that all the accused persons attacked
the deceased and there are eye witnesses who have seen the
incident.
8. I have considered the contentions.
9. Taking note of the fact that allegation against applicant is of
causing injury with stone and no motive is assigned to present
applicant; also taking note of the fact that out of 26 witnesses,
statement of only 10 witnesses have been recorded; applicant has
remained in custody for a period of 3 years and 7 months and trial
is going to take time, hence, I deem it proper to allow the seventh
bail application.
10. This 7th bail application is accordingly allowed and it is
directed that accused-applicant shall be released on bail provided
[2023/RJJP/001611] (3 of 3) [CRLMB-1086/2022]
he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction
of the learned trial court with the stipulation that he shall appear
before that Court and any court to which the matter is transferred,
on all subsequent dates of hearing and as and when called upon to
do so.
(PANKAJ BHANDARI),J
AMIT/2
Powered by TCPDF (www.tcpdf.org)
