Dismissed

Tara Chand v. State of Rajasthan through Pp

Rajasthan HC8 Dec 2015CRLMB/14727/2015

Case brief

AI extract

What is this about?

In a bail application under Section 376 IPC and POCSO, the Court dismissed the petitioner's bail. The judge concurrently took suo motu cognizance against a co-accused who obtained bail on insufficient evidence and issued a notice to cancel it.

What did the court decide?

Bail application dismissed; suo motu notice issued to co-accused Pawan Jogi to show cause pre-bail cancellation.

Tara Chand Vs State of Rajasthan through Pp — Child Sexual Offences (POCSO) | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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JAIPUR BENCH, JAIPUR

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ORDER

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SB Cr Misc Second Bail Application No.14727/2015

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Tara Chand versus State of Rajasthan

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8.12.2015

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HON'BLE MR. JUSTICE MN BHANDARI

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Mr Prahlad Sharma – for petitioner/s

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Mr Sudesh Saini, PP – for the State

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BY THE COURT:

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It is stated that co-accused-Pawan Jogi has already been granted bail by the court below vide order dated 5.11.2015 and case of the petitioner is similar to that of the co-accused. It is more so when charge sheet has not been filed under section 376 IPC. It is also stated that father of the deceased has been declared hostile along with two other witnesses.

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Learned PP, on the other hand opposed the bail. It is submitted that out of four eye witnesses, only two have been examined thus bail may not be granted to the accused. It is also stated that the conclusions drawn by the police while filing supplementary charge sheet is not in consonance to the evidence collected during the course of investigation. The witnessRamraj made specific allegations for commission of offence by the petitioner and Pawan Jogi but it has been ignored casually by the IO while drawing conclusions and same is the position of the court below which has

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granted bail to Pawan Jogi. The girl was minor and said to have committed suicide. In view of above, petitioner may not be granted bail.

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After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am not inclined to grant bail to the petitioner. Hence, bail application is dismissed.

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After going through the record, I find that not only conclusions of the IO to be doubtful but even grant of bail to co-accused Pawan Jogi by the learned court below on the evidence of few witnesses alone cannot be said to be proper. Initially, allegations on the petitioner and co-accused were for commission of rape and as a consequence of that, suicide was committed by the minor girl. The allegations for commission of offence under the Protection of Children from Sexual Offences Act, 2012 also exist. The police finally submitted charge sheet under section 306 IPC only. Now, certain witnesses seem to have been win over but the fact remains that other witnesses are yet to be examined.

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In view of aforesaid and looking to the seriousness of the allegations, I take suo motu cognizance against the bail order dated 5.11.2015 passed by the court of Sessions Judge, Jaipur District, Jaipur in Criminal Third Bail Application No.579/2015, Pawan Jogi versus State and issue notice to the co-accused-Pawan Jogi son of Shri Harphool Jogi, resident of Jogiyon Ka Mohalla, Village – Jaisinghpura, Police Station –

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Chaksu, District – Jaipur to show cause as to why bail granted to him may not be cancelled.

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Learned PP is also directed to call the IO on the next date of

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hearing.
List this disposed of bail application on 15.12.2015.
(MN BHANDARI), J.

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bnsharma

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All corrections made in judgment/ order have been incorporated in judgment/ order being emailed.

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(BN Sharma)
PS-cum-JW
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Tara Chand v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Tara Chand v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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