In a bail application, the Rajasthan High Court directed a second application by the accused was not granted, and the case remanded to the trial court with an order to expedite the trial.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Appl. No. 16017 / 2016 Kajod @ Rudmal Son of Shri Ramuram @ Ram Lal, by Caste Jat,, R/o Bhadwon Ki Dhani, Hirnoda, Police Station Phulera, District Jaipur.
(At Present Confined in Sub Jail Kekri, District Ajmer).
----Accused Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Dinesh Pareek For State : Mr. VS Godara, PP
Mr. Hanuman Jat, HC-94, Thana-Kekri, District-Ajmer-I.O.
HON'BLE MR. JUSTICE M.N. BHANDARI Judgment
20/01/2017
Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case.
It is submitted that first bail application was dismissed finding 17 cases pending against the petitioner, whereas, in all, 12 cases had been registered against the petitioner, out of which, he has already been acquitted in five cases thus the petitioner may be granted bail.
Learned Public Prosecutor has opposed the bail application. It is submitted that, in all, 12 cases have been registered against the petitioner, out of which, he has been acquitted in two cases thus 10 cases are still pending against the petitioner. He is found involved in the offences of the same nature thus as and when bail
(2 of 2)
[CRLMB-16017/2016]
was granted to him it was misused for commissioning of another offence hence he may not be granted bail.
After considering rival submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, which may otherwise affect outcome of the trial but looking to the facts available on record, I am not inclined to accept this second bail application and accordingly, the same is dismissed. However, the trial court is directed to expedite the trial.
Sunita/80
2 issues framed by the court
Whether to grant second bail application despite pending offences and history of misusing earlier bail.
Whether the pending cases involve offences of the same nature and risk of abuse.
Kajod @ Rudmal Son of Shri Ramuram @ Ram Lal
State of Rajasthan Through P.P.
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
