The High Court of Rajasthan dismissed the third bail application filed by Mahesh Kumar charged with Section 306 IPC. Relying on the similar treatment of a co-accused's bail plea, the court refused release under Section 439 Cr.P.C. without deciding on the merits.
No bail relief granted. Third bail application stands dismissed.
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 3rd Bail Application No. 1113/2020
Mahesh Kumar S/o Babu Lal B/c Meena, R/o Vill. Phokarsakabas Ps Kaladera Dist. Jaipur Raj. (At Present Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramit Pareek. For Respondent(s) : Mr. S.S. Mahla, P.P.
HON'BLE MR. JUSTICE INDERJEET SINGH Order
03/02/2020
(2 of 3)
[CRLMB-1113/2020]
“Heard counsel for the parties. Counsel for the petitioners submits that the petitioners have been falsely implicated in this matter and due to fault of the prosecution, the trial is not proceeding. Counsel further submits that they are in custody for last more than 11 months. Counsel for the petitioners relied upon the Judgment of Hon’ble Supreme Court in the matter of “ Sate of Kerala vs. Raneef”, (2011) 1 784: Criminal Appeal No.03/2011 decided on 03.01.2011 . Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application and submitted that bail application filed on behalf of coaccused Shravan Kumar Bagda has already been dismissed by a Co-ordinate Bench of this Court vide order dated 09.01.2019, wherein it has been held as under:-
“Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 232/2018 registered at Police Station Kaldera, Jaipur, for offence under Section 306 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 24.10.2018. Challan has already been presented in the Court and conclusion of trial may take time. Petitioner is working as a watchman in the house of other coaccused. Petitioner has been falsely involved in this case. The real culprits have not been challaned by the police.
Learned State Counsel who is assisted by the counsel for the complainant has opposed the petition and has submitted that deceased Rajaram has left behind a suicide note, wherein he has specifically alleged that he was committing suicide on account of harassment meted out to him by the accused including the petitioner.
Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail to him is made out.
(3 of 3)
[CRLMB-1113/2020]
Dismissed.”
Learned Public Prosecutor has further submitted that the case of the petitioners is similar to that of co-accused Shravan Kumar Bagda, as the deceased in his suicide note has specifically alleged that he was committing suicide on account of harassment made to him by the accused including the petitioners. Considering the submissions put-forth by counsel for the parties and taking into account the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am not inclined to release the petitioners on bail under Section 439 Cr.P.C. Hence, these second applications stand dismissed.”
Heard counsel for the parties and perused the material on record.
The present 3rd bail application filed by the petitioner deserves to be dismissed, as the bail application filed on behalf of the coaccused Shravan Kumar Bagda, being S.B. Criminal Misc. 2nd Bail Application No.9519/2019 was also dismissed by the Co-ordinate Bench of this court vide order dated 09.08.2019 and the case of the petitioner is similar to that of co-accused Shravan Kumar Bagda.
In the facts and circumstances of the present case and without expressing any opinion on the merits of the case, I am not inclined to release the petitioner on bail under Section 439 Cr.P.C.
Hence, the 3rd bail application stands dismissed.
(INDERJEET SINGH),J
MG/01
2 issues framed by the court
Whether the petitioner should be released on bail under Section 439 Cr.P.C. considering the seriousness of the allegations under Section 306 IPC.
Whether a prior dismissal of bail application regarding a co-accused in similar circumstances precludes granting bail in the present matter.
Colour shows how this judgement treated each authority
Babu Singh and Others Vs. The State of U.PReferred¶12
AIR 1978 Supreme Court 527 · Who else cites this
Sate of Kerala vs. RaneefReferred¶17
Sate of Kerala vs. Raneef, (2011) 1 784: Criminal Appeal No.03/2011
1 provisions across 1 enactments
Mahesh Kumar S/o Babu Lal
State Of Rajasthan
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
