IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc.3rd Bail Application No.1749/2010 Manjeet @ Mangilal vs. State of Rajasthan Dated : 23.02.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. D.S. Dhariwal, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Mr. D.S. Dhariwal Advocate on behalf of the applicant Manjeet @ Mangi lal pertaining to F.I.R. No. 237/2008 of Police Station Nahargarh Road, Jaipur in the offence under Section 302/34 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the trial of the case is at the stage of recording the statements of the accused persons under Section 313 of Cr.P.C. The statements of two accused persons have been recorded but the statement of accused Dhanno under Section 313 of Cr.P.C. could not be recorded because of the reason that she had been operated for some disease. Learned counsel further canvassed that no evidence has emerged during the prosecution evidence against the petitioner. Hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has conceded that the 'last seen' witness, Hemraj has not supported the prosecution story and has turned hostile and the prosecution case solely rests upon the circumstantial evidence. At this stage, this Court is not required to appreciate the prosecution evidence, hence, the petitioner may not be granted bail. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that the trial of the case is likely to conclude soon. The moment, the accused Dhanno is examined under Section 313 of Cr.P.C., the case shall be decided after recording the defence evidence if any and hearing final arguments of both the parties. This Court, at this stage, is not required to appreciate the evidence of the prosecution witnesses, as the whole prosecution case rests solely on the circumstantial evidence. I, in the interest of justice, without expressing any opinion on the merits of the case, do not feel inclined to grant bail to the petitioner and the third bail petition also deserves to be dismissed and the same stands dismissed accordingly. (MAHESH BHAGWATI),J. Mak/- 14