Rejected a bail application under Cr. B. 10359/2012. Held that appetion of evidence and future witness statements are for trial; no change in circumstances found to warrant enlargement of bail for the accused facing trial under S. 302 IPC.
Post-arrest bail application dismissed; no enlargement of bail granted. Expedited trial directed.
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Cr . Bai l - 10359/ 2012
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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR O R D E R
SB Cr i mi nal Mi sc. I I nd Bai l Appl . No. 10359/ 12 Sat yanar ayan Vs. The St at e of Raj ast han
Dat e of Or der : : 7. 11. 2012
Hon' bl e Mr . Just i ce Aj ay Rast ogi
Mr . Kawal Si ngh Loha, f or pet i t i oner . Mr . Sanj eev Mehl a, P. P. f or St at e.
Hear d l ear ned counsel f or t he par t i es and wi t h t hei r assi st ance, per used t he mat er i al made avai l abl e at t he t i me of ar gument s.
The f i r st bai l appl i cat i on was r ej ect ed t aki ng not e of st at ement s of wi t nesses r ecor ded u/ S. 161 Cr . P. C. and al so t he post mor t em r epor t & ot her anci l l ar y ci r cumst ances whi ch has come on r ecor d.
Counsel submi t s t hat st at ement s of some of t he pr osecut i on wi t nesses have been r ecor ded af t er r ej ect i on of t he f i r st bai l appl i cat i on and have not been named i n t hei r st at ement s whi ch coul d connect t he pet i t i oner wi t h t he al l eged cr i me.
What i s bei ng cont ended i s appr eci at i on of evi dence and t hat coul d onl y be consi der ed dur i ng cour se of t r i al but no opi ni on on t he basi s of st at ement s of some of t he wi t nesses r ecor ded can be expr essed at t hi s
Cr . Bai l - 10359/ 2012 2
st age and t hi s cannot be consi der ed t o be a change i n ci r cumst ances mor e over when t he pet i t i oner i s f aci ng t r i al f or t he of f ence u/ S. 302 I PC.
Taki ng not e of nat ur e of accusat i on, but wi t hout expr essi ng any opi ni on on mer i t s, t hi s Cour t i s not i ncl i ned t o enl ar ge t he accused pet i t i oner on post ar r est bai l .
Consequent l y, t he bai l appl i cat i on
st ands di smi ssed.
However , i t i s expect ed f r om t he t r i al cour t t o expedi t e t he t r i al .
( Aj ay Rast ogi ) , J.
Dsr /
"All corrections made in the judgment/order have been incorporated in the judgment/order being emailed"
Datar Singh P.S.
2 issues framed by the court
Whether post-arrest bail should be enlarged pending trial for an offence u/S. 302 IPC.
Whether fresh statements of prosecution witnesses recorded after rejection of prior bail application constitute a change of circumstances warranting bail.
Satyanarayan
The State of Rajasthan
Ajay Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
