Allowed

Dinesh Chauhan S/O Late Madan Singh Chauhan v. State of Rajasthan

Rajasthan HC25 May 2023CRLBC/20/2022

Case brief

AI extract

What is this about?

The High Court allowed bail cancellation applications filed under Section 439(2) Cr.P.C. The Court quashed the impugned bail orders granted to the accused, noting that a co-accused's bail had been set aside by the Supreme Court, and the trial court's grant was solely based on that. The Court maintained that this order does not affect the trial court's merit consideration.

What did the court decide?

Bail cancellation applications allowed; impugned orders dated 03.01.2022 and 22.12.2021 quashed and set aside.

Dinesh Chauhan S/O Late Madan Singh Chauhan Vs State of… — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJP/011950]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Bail Cancellation Application No. 20/2022

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Dinesh Chauhan S/o Late Madan Singh Chauhan, Aged About 53 Years, R/o Gulabbari Mali Maholla Ajmer Raj.

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----Petitioner

¶6

Versus

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State Of Rajasthan, Through Pp

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Deepak Kuwal @ Deepu S/o Nemichand, Aged About 24 Years, R/o Near Balaji Templw Gulab Bari Ajmer Ps Alwar Gate Raj.

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----Respondents

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Connected With

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S.B. Criminal Bail Cancellation Application No. 22/2022 Dinesh Chauhan S/o Late Madan Singh Chauhan, Aged About 53 Years, R/o Gulabbari Mali Maholla Ajmer Raj.

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----Petitioner

¶13

Versus

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State Of Rajasthan, Through Pp

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Divyansh Bhati S/o Mukesh Kumar, Aged About 21 Years, R/o Naya Ghar Gulabbari Behind Raja Kothi School Ajmer

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----Respondents

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For Petitioner(s) : Mr. Ajay Kumar Jain, Adv. For Respondent(s) : Mr. Rakesh Trivedi for Mr. V.P. Yadav, Adv. Mr. S.S. Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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25/05/2023

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The instant bail cancellation applications have been filed under Section 439(2) Cr.P.C. on behalf of petitioner-complainant against the order(s) dated 03.01.2022 and 22.12.2021 passed by the concerned courts below. The respondent-accused(s) were

[2023/RJJP/011950]

[CRLBC-20/2022]

(2 of 3)

arrested in connection with FIR No.163/2021 registered at Police Station Alwar Gate, District Ajmer for the offence under Sections 302, 397, 460, 120-B of IPC and 4/25 of Arms Act.

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Heard and considered the rival submissions. 3. It is observed that on 21.04.2023, the bail cancellation applications were duly heard by this Court and the matter was only adjourned on account of a request made by the side opposite seeking time to file a reply. The reply has now been filed. Learned counsel for the petitioner-complainant has drawn attention of this Court to the order passed by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.(s) 7299/2022 dated 01.05.2023. Vide said judgment, reliance is placed on Paragraph

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7, which is reproduced herein-under:-

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“With the requirements aforesaid, the impugned order dated 20/12/2021 is set aside but with the observations that this order shall, otherwise, not be of any bearing on the merit consideration of the matter by the Trial Court in accordance with law and with further liberty to respondent No. 2 to apply for bail afresh if the matter is not concluded by the Trial Court by 30/06/2023.”

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Upon a perusal of the said order, it is observed that the bail granted by the Hon’ble High Court to the co-accused vide order dated 20.12.2021 was set aside by the Apex Court. Furthermore, the trial court, while granting bail to the respondent-accused herein, had solely relied upon the bail granted to the co-accused by this Court vide order dated 20.12.2021.

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Thus, considering the fact that the bail granted to the coaccused by this Court has already been set aside by the Apex Court judgment dated 01.05.2023 and considering the fact that the said bail so granted by this Court to the co-accused, was the sole criteria of granting bail to the respondent-accused(s) herein,

(3 of 3)

[2023/RJJP/011950]

[CRLBC-20/2022]

and following the principles of judicial discipline, we are inclined to allow the present bail cancellation applications.

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Accordingly, the bail cancellation applications filed under Section 439(2) Cr.P.C. are allowed. The impugned orders dated 03.01.2022 and 22.12.2021 are quashed and set aside.

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It is made clear that this order shall, otherwise, not be of any bearing on the merit consideration of the matter by the Trial Court in accordance with law.

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(SAMEER JAIN),J

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ANIL SHARMA/1-2

Dinesh Chauhan S/O Late Madan Singh Chauhan v. State of Rajasthan

Case brief

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Dinesh Chauhan S/O Late Madan Singh Chauhan v. State of Rajasthan

Case brief

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