NARENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present 4th bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.170/2015, Police Station Nana District Pali for the offences under Ss. 302/34, 341, 323, 324, 326 of IPC.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) The third bail application of the petitioner was rejected by this court vide order dtd. 19/8/2021 with a direction to the trial court to expedite the trial proceedings. Learned counsel for the petitioner submits that after 19/8/2021, only seven witnesses have been examined before the trial court including PW18 Kamla who is stated to be an eye witness of the incident. He further submits that PW18 Kamla was the person who had called all other persons including Madan Lal, Munni Devi Chogaram. Learned counsel submits that she has not supported the prosecution case and has been declared hostile. The counsel further submits that the person against whom allegation of amputation of arms of the deceased is leveled is Rama Ram and he has already been enlarged on bail by a coordinate bench of this court vide order dtd. 11/3/2016. Co-accused Kamla who is stated to have assaulted the deceased with Kulhari has also been enlarged on bail by a coordinate bench of this court vide order dtd. 19/12/2019. The petitioner is facing the incarceration since 28/10/2015. Therefore, it is prayed that the petitioner may be enlarged on bail.