HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
State of Rajasthan
For Petitioner(s) : Mr. Mahaveer Bishnoi.
For Respondent(s) : Mr. K.V. Vyas, PP.
HON’BLE MR. JUSTICE P.K. LOHRA
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)
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.