Sahun vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner as well as learned Public Prosecutor for the State and perused the relevant documents placed before me.

Contention of the learned Counsel for petitioner is that initially first information report was lodged by informant PW-2 Hamid. He has assigned main role to the present petitioner. However, in the statement now recorded of PW-2 Hamid, he has not supported the prosecution case and therefore he was declared hostile. Not only he, but also other witnesses namely; PW1 Kasam, PW4 Hamidi, PW5 Girraj, PW6 Mawasi, PW8 Subba, PW9 Nanni and PW10 Sabila have all declared hostile and none of them have supported the prosecution case. Petitioner is in jail since 25/12/2008. Trial of the case still take longer although there is no possibility of conviction of the petitioner in the case when almost all the prosecution witnesses have turned hostile. Similarly situated co-accused persons namely; Aslam, Arif and Pappu have already been enlarged on bail by different orders of co-ordinate Benches of this Court.

Learned Public Prosecutor could not dispute the factual contents of submissions made above.

Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.

In the result, this bail application u/s 439 Cr.P.C. is allowed and it is directed that petitioner Sahun S/o Nasru shall be released on bail in FIR No. 661/2008 P.S. Kama, District Bharatpur for offence Under Sections 147, 148, 149, 302 IPC and Section 3(11)(v) of the SC/ST Prevention of Atrocities Act, 1989 on his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.