The High Court of Rajasthan disposed of a bail application by dismissing it due to the petitioner's failure to complete liberty conditions. However, it directed the trial court to prioritize recording the petitioner's statement.
Trial court directed to prioritize recording the petitioner's statement before the investigating officer.
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[CRLMB-1087/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1087/2022
Harendra S/o Sh. Jetharam, Aged About 24 Years, B/c Jaat, R/o Daade Ki Beri, Village Dasniya, Shergarh, Dist. Jodhpur (Raj.). (Petitioner Presently In Judicial Custody, Confined In High Security Jail, Ajmer).
----Petitioner
Versus
State Of Rajasthan
----Respondent
| For Petitioner(s) | : Mr. SanjayBishnoi,through VC |
|---|---|
| For Respondent(s) | : Mr. Mohd. Javed Gouri,P.P. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/02/2022
In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.
Learned counsel for the petitioner submits that he is before this Court seeking parity to the other similar co-accused, who have been released on bail.
Learned Public Prosecutor opposes the bail application on the ground that first bail application was rejected on the ground of liberty sought by the petitioner to come after the statement of the investigating officer.
This Court is not inclined to grant any indulgence or any kind of party unless the liberty sought for by the petitioner himself is completed.
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[CRLMB-1087/2022]
In view of the above, the present bail application is dismissed.
At this stage, counsel for the petitioner submits that learned trial court be directed to call the investigating on priority for his statement.
The learned trial court is accordingly, directed as per the prayer made by learned counsel for the petitioner to prioritise the statement of the investigating officer.
(DR.PUSHPENDRA SINGH BHATI),J.
23- Zeeshan
2 issues framed by the court
Whether bail should be granted to the petitioner who is currently in judicial custody pending a statement.
Whether a direction can be issued to the trial court to prioritize the recording of the petitioner's statement.
Harendra S/o Sh. Jetharam
State Of Rajasthan
Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
