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ANOPSINGH @ AOKHSINGH versus STATE

High Court of Rajasthan

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ANOPSINGH @ AOKHSINGH v STATE - CRLMB Case No. 3473 of 2007 [2007] RD-RJ 4082 (21 August 2007)

S.B.Cr. Misc. Bail Application No.3473/2007

(Anop Singh alias Okh Singh vs. State of Rajasthan)

Date of order : August 21, 2007

HON'BLE MR.H.R.PANWAR,J.

Mr.Hanwant Singh Balot, for the petitioner.

Mr.Vishal Raj Mehta, P.P. for the State.

Heard learned counsel for the petitioner and the Public

Prosecutor for the State. Perused the order impugned, challan papers as also the statements of the witnesses recorded by the trial court. I have carefully gone through the dying declaration recorded by the Judicial Magistrate, Jodhpur on 2.1.2007 at 1.50

P.M.

It is contended by the learned counsel for the petitioner that ASI recorded "Parcha Bayan" and the deceased alleged nothing against the petitioner.

Learned Public Prosecutor appearing for the State submits that the statement of the deceased on oath has been recorded by the Judicial Magistrate as dying declaration and the dying declaration recorded by the Judicial Magistrate is just before the death. The deceased suffered burn injuries. Learned Public

Prosecutor invited my attention to the site map and site inspection note, which itself speaks volume. Merely because in the dying declaration recorded by the ASI no allegation has been levelled, cannot be a ground to prima facie come to the conclusion that the petitioner is not involved in commission of offence. In my view, it is not a fit case warranting bail under section 439 Cr.P.C. to the petitioner.

The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. The trial court is directed to expedite the trial of the case.

(H.R.PANWAR),J. m.asif/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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