Sharvan Ram vs State on 6 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 9143 / 2017
Sharvan Ram S/o Shri Harlal, B/c Bishnoi, R/o Vishnoiyon Ki
Dhani, Tehsil Beru, Police Station Rajeev Gandhi Nagar, Jodhpur.
(Presently Lodged At Central Jail Jodhpur)

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Mahaveer Bishnoi.
For Respondent(s) : Mr. K.V. Vyas, PP.

__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
06/11/2017

By the instant bail application under Section 439 Cr.P.C.,

accused petitioner is seeking bail pending trial in Sessions Case

No.03/2017 arising out of FIR No.140/2016 of Police Station Rajiv

Gandhi Nagar, District Jodhpur West. Sessions trial is currently

pending before Addl. Sessions Judge No.2, Jodhpur Metropolitan

for offence punishable under Sections 302, 364, 377 and 392 IPC.

It is argued by learned counsel for the petitioner that during

trial in all five prosecution witnesses have been examined and the

material witness P.W.3 Happaram has projected a different version

from his police statement. Learned counsel would contend that

in fact Happaram is cited as last seen witness but a bare reading

of his statement would reveal that he has simply expressed

suspicion about involvement of the petitioner in commission of

offence. He therefore submits that at this stage his fractured

testimony can be taken note of for favourable consideration of the
(2 of 2)
[CRLMB-9143/2017]

bail plea of petitioner. Learned counsel further submits that if the

post-mortem report and FSL report are harmoniously construed

then it would ipso facto reveal that prima facie there is no

evidence for offence under Section 377 IPC. Lastly, learned

counsel has submitted that so far only five witnesses have been

examined and completion of trial is likely to take considerable time

inasmuch as prosecution has cited 27 witnesses.

Learned Public Prosecutor has vehemently opposed the bail

application of petitioner.

I have given my thoughtful consideration to the arguments

advanced at Bar and perused the requisite materials available on

record including statements of witnesses recorded during trial and

the FSL report.

Having regard to the facts and circumstances of the case,

while refraining to make any comments on merits of the case, I

feel persuaded to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that accused-petitioner, Sharvan Ram

S/o Shri Harlal, arrested in connection with F.I.R. No.140/2016 of

Police Station Rajiv Gandhi Nagar, District Jodhpur West, may be

released on bail; provided he 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.

(P.K. LOHRA)J.

a.asopa/-24

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