The High Court bench at Jaipur dismissed the bail application of the petitioner. The court held that the existence of four other bail cases against the accused did not constitute a change in circumstances warranting post arrest bail, though merits were not expressed.
The post arrest bail application stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cr . Bai l - 10384/ 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. 10384/ 12 Rat t i 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 . Anki t Khandel wal , 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.
Af t er maki ng submi ssi ons f or some t i me on i nst r uct i ons t he f i r st bai l appl i cat i on was di smi ssed as bei ng wi t hdr awn, however , at t he same t i me bai l appl i cat oi n of co accused Sal i m was consi der ed and he was gr ant ed post ar r est bai l .
Counsel submi t s t hat t hough t her e ar e f our cr i mi nal cases r egi st er ed agai nst t he accused pet i t i oner but he has been bai l ed out i n t hose cases.
Thi s cannot be consi der ed t o be change i n ci r cumst ances f or t he pur pose of pr esent bai l appl i cat i on.
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
Cr . Bai l - 10384/ 2012 2
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.
( 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 the petitioner should be enlarged on post arrest bail in view of his bail status in four other criminal cases.
Whether the petitioner's four other bail cases amount to a change in circumstances adequate to grant post arrest bail.
Ratti
The State of Rajasthan
Ajay Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
