Jitu @ Jitendra S/o Heera Ram v. State of Rajasthan
2017-11-01
P.K.LOHRA
body2017
DigiLaw.ai
ORDER : P.K LOHRA, J. 1. The instant bail applications under Section 439 Cr.P.C are arising out of FIR No. 116/2017, registered at Police Station Sadri, .…. Respondent District Pali for offence punishable under Sections 147, 148, 149, 452, 302, 304/34 IPC. Police after investigation has submitted charge-sheet in the matter against petitioner and three others for offence punishable under Section 304/34 IPC. 2. It is submitted by learned counsel for the petitioners, Mr. Farzand Ali, that during trial of Sessions Case No. 44/17 pending before Additional Sessions Judge Bali, District Pali, the first informant Bhuvnesh (P.W.1), Ms. Seema (P.W.2), wife of the deceased and three material witnesses have turned hostile. It is submitted by learned counsel that a bare reading of the statements of first informant and other witnesses would ipso facto reveal that all of them have not only retracted from their earlier versions but have completely absolved the petitioner of commission of offence. While relying on the fractured testimonies of theses witnesses, learned counsel has urged that the petitioners may be enlarged on bail. 3. Learned Public Prosecutor has opposed the bail application of petitioners. 4. Learned counsel for the complainant have very candidly submitted that in fact none of the witnesses has whispered anything against petitioners. 5. Having heard learned counsel for the parties and taking into account facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioners by enlarging them on bail. 6. Accordingly, both the bail applications under Section 439 Cr.P.C are allowed and it is ordered that accused-petitioners (1) Jitu @ Jitendra S/o Heera Ram, (2) Mahipal S/o Shravan Kumar, (3) Dhanna Ram S/o Raja Ram, and (4) Ramesh S/o Gulab Ram, arrested in connection with F.I.R No. 116/2017, Police Station Sadri, District Pali, may be released on bail; provided each one of them furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.