Hon'ble High Court of Rajasthan dismissed the second bail application under Section 439 Cr.P.C., holding that the petitioner had a remedy against the rejection of his Section 167(2) application and the Court would not review the earlier decision on merits.
The second bail application was dismissed with liberty as available.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 16304/2021
Hitesh Soni @ Monu S/o Girraj Soni, R/o Khati Coloni Seni Tali Ki Gali Baran Dist. Baran Raj. At Present Confined In Central Jail Kota Dist. Kota
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Hanuman Choudhary For Respondent(s) : Mr. Ramesh Choudhary, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
20/10/2021
This second bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.133/2020 registered at Police Station, Vigyan Nagar, District Kota for offence under Section(s) 454, 397, 452, 395, 397, 216A of IPC and Sections 3/25 & 4/25 of Arms Act.
Learned counsel for the petitioner submits that the chargesheet has been filed now after a period of 90 days. While the other co-accused whose bail application was dismissed by this Court, has been granted the benefit of Section 167(2) Cr.P.C., the petitioner was not granted the said benefit as he moved the application after the charge-sheet was filed and on that premise his application under Section 167(2) Cr.P.C. has been rejected.
Learned counsel submits that the case of the petitioner cannot be distinguished from that of the other co-accused who has
(2 of 2)
[CRLMB-16304/2021]
been granted bail by the concerned Court under Section 167(2) Cr.P.C. Learned counsel further submits that the petitioner is in jail since 18.03.2020 and other co-accused have already been released on bail and trial is likely to take time.
Learned Public Prosecutor opposes the bail application and submits that on merits, the bail application was dismissed earlier.
I have considered the submissions as noted above.
This Court finds that the petitioner has a remedy against the order by which his application under Section 167(2) Cr.P.C. was rejected and on that premise, the present bail application would not lie. As regards other aspects, since this Court has already decided the bail application earlier on merits, it would not be appropriate to again review the same.
Taking into consideration the nature of allegations, this Court is not inclined to grant this second bail application. The second bail application is accordingly dismissed with liberty as available.
(SANJEEV PRAKASH SHARMA),J
SAURABH/1
3 issues framed by the court
Whether a second bail application under Section 439 Cr.P.C. lies when the petitioner has a remedy against the earlier rejection of Section 167(2) application.
Whether the Court should review a bail application disposed of earlier on merits.
Whether the second bail application should be granted considering the nature of allegations.
2 provisions across 1 enactments
Hitesh Soni @ Monu
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
