In a second bail application, the High Court of Rajasthan held that mere completion of investigation and filing of the charge-sheet does not constitute a substantial change of circumstances to grant bail, dismissing the application.
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.
I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN AT JAI PUR BENCH, JAI PUR
S.B. CR. MI SC. SECOND BAI L APPLI CATI ON NO.14456/ 2015.
: :
Ramakant Vs. State of Rajasthan
: :
Date of Order :: 11.12.2015.
HON'BLE MR. JUSTI CE PRASHANT KUMAR AGARWAL.
Mr. Dinesh Kumar Garg, for the petitioner. Mr. R. R. Baisla, Public Prosecutor.
Heard learned counsel for the parties.
This is second bail application filed by the petitioner on the ground
that the investigation is complete and the challan has been filed. The first bail application was dismissed as withdrawn by this Court on 1.10.2015.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation, which has been placed on record by way of copy of the charge-sheet, and more particularly looking to the gravity of the offence, but without expressing any final opinion on the merit and de-merit of the case, I do not find any substantial change in the facts and circumstances of the case so as to allow this application for grant of bail of the petitioner. Mere filing of the chargesheet cannot be said to be substantial change in the facts and circumstances of the case.
Consequently, the second application for grant of bail is dismissed.
(PRASHANT KUMAR AGARWAL),J.
A.Arora/Item No.5.
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.”
AMIT ARORA PERSONAL ASSISTANT
1 issue framed by the court
Whether completion of investigation and filing of charge-sheet constitutes a substantial change of circumstances warranting bail in the presence of serious offences?
Ramakant
State of Rajasthan
Prashant Kumar Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
