Co-ordinate Bench dismissed this sixth bail application against a Sessions case. The court found petitioner's assertions regarding slow trial and political candidacy did not constitute substantial change in circumstances, rejecting the plea for indulgence.
Petitioner's sixth bail application is rejected and nixed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 8800/2018
Paras Ram Vishnoi S/o Late Sh. Ram Singh, aged about 46 Years, B/c Vishnoi, R/o Bishnoi Farm House, Station Road, Bilara, District Jodhpur.
(Presently lodged at Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
Mr. B.D. Purohit & Mr. S.D. Purohit for the petitioner.
Mr. Panney Singh, Special Public Prosecutor.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
15/11/2018
Accused petitioner has laid this sixth bail application while facing trial for offence punishable under Sections 364, 302 and 201 IPC in Sessions Case No.97/2011.
All the earlier five bail applications submitted on behalf of the petitioner were dismissed. The last bail application, i.e., fifth bail application was dismissed by the Coordinate Bench by a detailed order on 24th of November, 2017. While dismissing the fifth bail application, the Court made observations for continuance of trial on day to day basis so as to conclude the same at the earliest.
Arguing on the sixth bail application, it is submitted by learned counsel for the petitioner, Mr. Purohit, that despite directions issued by the Court, the trial Court is proceeding at snail’s pace and so far prosecution evidence has not been
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completed. Buttressing substantial change in the circumstances, it is argued by Mr. Purohit that petitioner is prospective candidate for Member of Legislative Assembly in the ensuing assembly elections scheduled to be held in NovemberDecember 2018, and therefore, he may be granted some indulgence on his sixth bail application. It is also argued that the petitioner is sought to be implicated in the matter due to personal political vengeance just to deprive him from contesting the election. Learned counsel has strenuously urged that petitioner is in custody for last more than four years and trial is yet to be completed, therefore, being under-trial, it is a clear case of violation of his fundamental rights enshrined under Art. 21 of the Constitution.
Per contra, Mr. Panney Singh, learned Special Public Prosecutor, has argued that there is no change much less substantial change in the circumstances after rejection of fifth bail application. It is also submitted that so-called submission sought to be urged by the petitioner about his prospects of contesting the election cannot furnish any material change in the circumstances after rejection of fifth bail application. It is also argued by Mr. Panney Singh that learned trial Court is making sincere endeavour to complete the trial and now only one prosecution witness is to be examined, therefore, sixth bail plea of the petitioner is liable to be thwarted.
I have bestowed my consideration to the arguments advanced at Bar.
Having regard to the facts and circumstances of the case, the so-called substantial change sought to be canvassed by
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learned counsel for the petitioner, in my opinion, are not substantial change, in the circumstances.
Accordingly, I do not find any reason to grant any indulgence to the petitioner and consequently this sixth bail application fails and same is, hereby, nixed.
It is needless to observe here that the order passed by the Coordinate Bench, while rejecting fifth bail application, shall be adhered to by the learned trial Court in letter and spirit.
(P.K. LOHRA),J
a.asopa/-
2 issues framed by the court
Whether substantial change in circumstances warrants granting bail in a sixth application despite previous dismissals.
Whether prospective candidacy for Legislative Assembly constitutes a material ground for bail relief.
Paras Ram Vishnoi Vishnoi
State of Rajasthan
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
