Rajasthan High Court - Jodhpur
Sahi Ram vs State Of Rajasthan (2023:Rj-Jd:39111) on 9 November, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2023:RJ-JD:39111]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 11471/2023
Sahi Ram S/o Sh. Bhura Ram, Aged About 20 Years, R/o
Khinyala, Teh. Jayal Dist. Nagaur.
(At Present Lodged In Dist. Jail Nagaur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ramawatar Singh
For Respondent(s) : Mr. Shrawan Bishnoi, PP
Mr. Ravindra Acharya for the
complainant
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 09/11/2023 The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.12/2019, Police Station Jayal, District Nagaur for the offence punishable under Sections 302, 323 & 341/34 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that after the rejection of the second bail application of the petitioner on 27.03.2023, the application preferred by the complainant under Section 319 Cr.P.C. has been allowed. Learned counsel submits that in five years, the testimony of only 15 prosecution witnesses (Downloaded on 11/11/2023 at 08:50:51 PM) [2023:RJ-JD:39111] (2 of 3) [CRLMB-11471/2023] have been recorded so far before the trial court. Learned counsel further submits that in the present facts, since the application under Section 319 Cr.P.C. has been allowed, the trial will have to be proceeded de novo. He submits that the petitioner has suffered incarceration for a period close to five years and the trial is not likely to be concluded in near future as all those witnesses will be summoned and their testimony will be recorded afresh. He, therefore, prays that the petitioner may be enlarged on bail.
Learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application, however, they are not in a position to dispute the factum that the application under Section 319 Cr.P.C. has been allowed and the trial court will proceed for recording the evidence afresh.
Considering the fact that the petitioner has suffered incarceration for a period close to five years and the trial court will now undertake the proceedings of recording the statements afresh after the application under Section 319 Cr.P.C. has been allowed, this Court is of the view that the petitioner is entitled to be enlarged on bail.
Accordingly, the present third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sahi Ram S/o Sh. Bhura Ram, shall be released on bail in connection with FIR No.12/2019, Police Station Jayal, District Nagaur, provided he furnishes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of learned trial court for his (Downloaded on 11/11/2023 at 08:50:51 PM) [2023:RJ-JD:39111] (3 of 3) [CRLMB-11471/2023] appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VINIT KUMAR MATHUR),J 100-/Vivek/-
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