AMAN BANSHIWAL VERSUS THE STATE OF RAJASTHAN Special Leave to Appeal (Crl.) No(s). 14552/2023

ITEM NO.13 COURT NO.6 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 14552/2023
(Arising out of impugned judgment and order dated 10-10-2023 in SBCRMSBA No. 5091/2023 passed by the High Court of Judicature for Rajasthan at Jodhpur)
AMAN BANSHIWAL Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)
(IA No.232290/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.232289/2023-EXEMPTION FROM FILING O.T.)

Date : 24-01-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Rishi Matoliya, AOR
Mr. Nikhil Kumar Singh, Adv.
Mr. Raghuveer Pujari, Adv.
Mr. Rajnish Sharma, Adv.
Ms. Sumati Sharma, Adv.

For Respondent(s) Mr. Vikas Chaudhary, Adv.
Mr. Milind Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Rishi Matoliya, learned counsel appearing for the petitioner. The State of Rajasthan is represented by Mr. Vikas Chaudhary, learned counsel.
Notice in this case was issued on 10.11.2023 by recording that only two of the thirty-three prosecution witnesses have been examined so far and the trial itself was stayed on 18.04.2023 at the instance of one of the co-accused. By now, the petitioner has been in custody for over three years as an under-trial prisoner.
In the counter affidavit, certain circumstantial evidence against the petitioner are mentioned. But those are obviously matters of trial.
Since the trial itself has got stalled and thirty-one prosecution witnesses are yet to be examined, it is unlikely for the trial to conclude on a near date.
Having regard to the circumstances, we deem it appropriate to grant bail to the petitioner Aman Banshiwal in connection with the case arising out of the FIR No. 447 of 2020. It is ordered accordingly. Appropriate bail conditions be imposed by the learned trial court.
With the above, the Special Leave Petition stands disposed of.
Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR