High Court dismissed two bail petitions challenging refusal of bail in a murder and affray case despite a co-accused's bail, while directing expeditious trial.
Both bail petitions dismissed. Trial directed to be disposed of expeditiously on day-to-day basis.
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
Mukesh @ Tailor S/o Kastura B/c Mali, R/o Soorwal, Police Station Soorwal, Distt. Sawai Madhopur Accused Presently Confined In Central Jail, Sawai Madhopur
----Petitioner
Versus
State Of Rajasthan Through P.P.
Shyamlal S/o Shri Ramsahay B/c Mali, R/o Soorwal, Police Station Soorwal, Distt. Sawaimadhopur At Present Confined In Distt. Jail, Sawaimadhopur
----Petitioner
Versus ----Respondent
State Of Rajasthan Through P.P.
For Petitioner(s) : Mr. Sumit Khandelwal Adv. and Mr. Tarun Jain Adv.
HON'BLE MRS. JUSTICE SABINA Judgment
09/08/2018
Petitioners have filed two petitions under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 108/2011 registered at Police Station Man Town, Sawai Madhopur for offence under Sections 147, 148, 149, 302, 332, 353, 333, 440, 201, 309, 120-B and 336 of Indian Penal Code, 1860 and Section 3 of Prevention of Damage To Public Property Act, 1984.
Learned counsel for the petitioners has submitted that the petitioners are in custody since November 2011. Co-accused Satya
(2 of 3)
[CRLMB-3993/2018]
Narayan has been granted bail by Hon’ble Supreme Court vide order dated 28.09.2015.
However, vide order dated 10.11.2017, fifth bail petition filed by Shyamlal was dismissed by Co-ordinate Bench of this Court and following order was passed :-
“This is the 5th bail application of the accusedappellant seeking post-arrest bail.
While deciding the first bail application, the accused appellant alongwith other a detailed order was passed on 30.07.2012 assigning reasons which could not persuade this Court to grant indulgence of post arrest bail during trial.
Counsel for the appellant has brought to our notice that one Satya Narayan S/o Manglaram, his second bail application was rejected by this Court vide order dt.10.04.2015 which came to be assailed by him before the Apex Court in Special Leave Petition (Criminal) No.4687/2015 which was allowed vide order dt.28.09.2015. It was brought to the notice of the Apex Court that the other co-accused including the present accused-appellant-Shyam Lal Mali, has been enlarged on bail.
The appellant’s counsel has not been able to justify his postarrest 5th bail application after the detailed facts have been noticed by this Court while rejecting his first bail application on 30.07.2012 and so also the parity with the accused Satya Narayan who has been enlarged on bail by the Apex Court vide order dt.28.09.2015. Although the present appellant is in custody since 07.11.2011, but in the facts & circumstances, this court is not persuaded to grant him indulgence of post-arrest bail.
The 5th bail application stands rejected.”
Accordingly, both the petitions are dismissed.
(3 of 3)
[CRLMB-3993/2018]
Since, petitioners are in custody for the last so many years, trial court is directed to dispose of the trial expeditiously, preferably by taking up the case on day to day basis.
(SABINA),J
S.Kumawat/35-36
2 issues framed by the court
Whether bail should be granted to petitioners despite multiple prior rejected petitions.
Whether bail should be granted considering parity of treatment with a co-accused granted bail by the Supreme Court.
1 provisions across 1 enactments
Mukesh @ Tailor
Shyamlal
State Of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
