Rajasthan High Court - Jodhpur
Ramniwas vs State Of Rajasthan ... on 12 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/014992]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Fourth Bail Appl. No. 11174/2022
Ramniwas S/o Sh. Kesha Ram, Aged About 50 Years, B/c Jat,
R/o Vill. Rajod, P.s. Jayal, Dist. Nagaur. (At Present Lodged In
Dist. Jail, Nagaur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Anil Kumar Singh
For Respondent(s) : Mr. S.S. Rajpurohit, PP
Mr. Lal Singh Rathore for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/05/2023
Heard learned counsel for the parties and perused the
material available on record.
The petitioner(s) has/have been arrested in FIR No.45/2018
of Police Station Jayal, District Nagaur for the offence(s)
punishable under Section(s) 148, 341, 323, 307, and 302/149
IPC. He/she/they has/have preferred this/these fourth bail
application(s) under Section 439 Cr.P.C.
Leanred counsel for the petitioner has submitted that after
rejection of the earlier bail application of the petitioner, statements
of two coctors i.e. Dr. Ram Chandra (PW-14) and Dr. Suresh
Bishnoi (PW-15) have been recorded before the trial court. It is
argued that as per the allegations levelled against the petitioner
by the complainant, the petitioner had inflicted injury on the head
of the deceased by sharp side of the axe. It is further submitted
[2023/RJJD/014992] (2 of 3) [CRLMB-11174/2022]
that the police has recovered a lathi at the instance of the
petitioner alleging that the same is used in the commission of
crime. Learned counsel has also argued that from the statement
of Dr. Ram Chandra (PW-14), it is clear that the injury on the head
of the deceased was not sufficient to cause death. It is also
submitted that Dr. Suresh Bishnoi (PW-15), in his cross-
examination, has admitted that if timely treatment was given to
the deceased, he could have saved. Learned counsel for the
petitioner, therefore, submitted that from the above evidence of
the doctors, it is clear that though the injury inflicted on the head
of the deceased was grevious in nature, but the same was not
sufficient to cause death. It is also submitted that the petitioner
was arrested on 13.5.2018 and till date, the prosecution evidence
has not been concluded. Learned counsel, therefore, prayed that
the petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor as well as learned
counsel for the complainant have vehemently opposed the bail
application. It is argued that Dr. Suresh Bishnoi (PW-15), in his
evidence, has specifically stated that injury No.1 i.e. the head
injury of the deceased was sufficient to cause death. It is also
submitted that out of total 30 prosecution witnesses, 24 witnesses
have already been examined and the trial of the case is likely to
be concluded soon. It is, thus, prayed that the petitioner may not
be enlarged on bail.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the petitioner(s)
under Section 439 Cr.P.C.
[2023/RJJD/014992] (3 of 3) [CRLMB-11174/2022]
Accordingly, this/these fourth bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Ramniwas S/o Sh. Kesha Ram shall be released on
bail in connection with FIR No.45/2018 of Police Station Jayal,
District Nagaur provided he/she/they execute(s) a personal bond
in the 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/her/their appearance before that court on each and every date
of hearing and whenever called upon to do so till the completion of
the trial.
(VIJAY BISHNOI),J
5-msrathore/-
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