MOHAMMAD ARSHAD KUNJADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with CR No.224/2022 of Police Station Kotwali, District Banswara, for the offence punishable under Ss. 302/34 of IPC. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail application was dismissed as not pressed by this Court on 22/8/2022 with liberty to file afresh after recording the statements of Mohd. Zafar @ Sonu, Mohd. Soiab and Imran Khan.

(2.) Learned counsel for the petitioner submits that now all the three witnesses have been examined before the trial Court and Mohd. Soiab (PW/2) has specifically mentioned in his statement that co-accused Mohsin inflicted injury to the deceased, Mohd. Zafar (PW/3) has been declared hostile and Imran Khan (PW/4) stated that petitioner only caught hold of the deceased and co- accused Mohsin inflicted knife injuries to the deceased. Counsel further submits that there is no role of the petitioner in inflicting injuries to the deceased. The accused-petitioner is in judicial custody since 1/5/2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor and counsel for the complainant vehemently opposed the bail application and submits that petitioner caught the deceased and thereafter Mohsin inflicted knife blows to the deceased, therefore, the bail application may kindly be rejected.