The High Court dismissed bail applications filed directly by two petitioners who were previously barred from filing fresh applications without approaching the trial court. The Court held that the petitioners should have first approached the trial court.
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.
[2023/RJJP/006509]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 3977/2023
Mahendra Mangal S/o Shri Ramesh Chand, R/o B-199, Jamunapuri Murlipura, Jaipur (Rajasthan) ( At Present Confined To Central Jail Jaipur)
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 3978/2023 Raj Kumar Sharma S/o Late Shri Kishan Chand Sharma, R/o Bichhu Ki Gali Bajaja Bajar, Alwar ( At Present Confined To Central Jail Jaipur)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Ashish Agrawal,Adv. |
|---|---|
| For Respondent(s) | : Mr. Kinshuk Jain, Sr. Standing |
| counsel, | |
| Mr. Yashwant Kankhadia,PP. |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
13/04/2023
The 1st bail applications filed by the petitioners were decided on merits by this Court vide order dated 07.09.2021 in S.B. Criminal Miscellaneous Bail Application Nos.13041/2021 and
[2023/RJJP/006509]
[CRLMB-3977/2023]
11339/2021. Thereafter, the petitioner-Mahendra Mangal filed 2nd bail application before this Court, which was also dismissed on merits by this Court vide order dated 11.02.2022. By the said order(s), no liberty was granted to the petitioners to file a fresh bail application directly before this Court.
Instead of filing a fresh bail application before the trial court, the petitioners have filed these bail applications before this court directly, whereas they should have first approached the trial court.
The 3rd and 2nd bail applications filed by the petitioners Mahendra Mangal and Raj Kumar Sharma respectively are disposed of accordingly.
Registry is directed to place a copy of this order in connected
file.
(NARENDRA SINGH DHADDHA),J
Seema/7-8
2 issues framed by the court
Whether petitioners are entitled to file fresh bail applications directly before the High Court after being barred from doing so in previous orders.
Whether the High Court should entertain bail applications when the petitioners failed to approach the trial court first.
Mahendra Mangal
Raj Kumar Sharma
Union Of India, Through The Superintendent Cgst, Jaipur
State Of Rajasthan
Narendra Singh Dhadha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
