MANOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail applications have been filed under Sec. 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.241/2021, Police Station Chopasani Housing Board, District Jodhpur, registered for the offence under Sec. 302 read with Sec. 115, 120-B IPC.

(2.) In compliance of earlier order dtd. 22/9/2021, the concerned SHO Police Station Chopasani Housing Board is present in the Court.

(3.) Learned counsel for the petitioners stated that as per page nine of the charge-sheet admittedly, no murder was committed and even amount which was allegedly given for conspiracy of murder was also returned back to the conspirator. It is further stated that as per Sec. 115 IPC if the offence of murder is committed then the person have been subjected to punishment of death or imprisonment for life but if that offence is not committed then the person be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. It is further submitted that in the present case, admittedly, no murder was committed; accused-petitioners are behind the bars from last four months; charge-sheet has been filed; further trial will take long time, therefore, benefit of bail may be granted to the accused petitioners.