Research › Browse › Judgment

Rajasthan High Court · body

1995 DIGILAW 1111 (RAJ)

Kamal Kumar Meena v. State of Rajasthan

1995-12-20

B.J.SHETHNA

body1995
Honble SHETHNA, J. – Defects are waived. Ordinary copies of the impugned orders passed by the trial Court are ordered to be taken on record. Learned Government Advocate Shri Yadav has filed Misc. Application in this application for cancellation of bail with a prayer to suspend the operation of the orders of granting bail passed by the learned trial Court. The learned Govern- ment Advocate assures this Court to file certified copies of the orders passed by the trial Court before this Court within a fortnight from today. (2). The main application for cancellation of bail is filed by the three petitioners, who are the citizens of this country. It is in the nature of a public interest litigation. This petition is filed against the order dated 7th December, 1995 passed by Shri Amar Singh Godara, Sessions Judge, Jaipur City, Jaipur, in Cr. Misc. Bail Application No. 2332 and 2333 of 1995 filed by the accused Dr. Basant Fadiya and Dr. Santosh @ Sunny and the order dated 8.12.95 passed by the same Judge in Cr. Misc. Bail Application No. 2359, 2360, 2361 and 2362 of 1995 filed by accused Dr. Arun Phophlia and Dr. Suresh Chand Gupta whereby the learned Judge has ordered to release all the accused on bail. The main petition was listed before this Court day before yesterday i.e. on 18th December, 1995 and it was ordered to be placed today and the learned Public Prosecutor was directed to keep all relevant papers of the cases present before this Court along with the certified copy of the orders passed by the learned Sessions Judge, Jaipur City, Jaipur and the Investigating Officer was also directed to remain present along with the papers. Accordingly, Mr. B.S. Nathawath, Dy. Superintendent of Police, C.I.D. (C.B.) is present before the Court. Today, learned Government Advocate Shri Yadav has also remained present but he was unable to obtain certified copy of the orders passed by the learned Sessions Judge in both the above cases and, as stated earlier, he assures this Court to produce certified copies of the orders within a fortnight from today. (3). Learned Government Advocate, Shri Yadav, has taken me through the orders passed by the learned Sessions Judge in the above cases. If I make any observation at this stage then it may prejudice the case of the respondent accused. (3). Learned Government Advocate, Shri Yadav, has taken me through the orders passed by the learned Sessions Judge in the above cases. If I make any observation at this stage then it may prejudice the case of the respondent accused. Therefore, I leave refrained myself in making any observations, except to say that the learned Sessions Judge, while granting the bail, has lover looked all the norms and proceeded on the wrong assumption and footing. Prima facie, it appears to me that the order passed by the learned Sessions Judge is wholly unsustainable. It was not expicted from none else but a very senior judicial officer of Raj. Higher Judicial Services cadre. At this stage, I may state that Mr. S.R. Bajwa, Advocate, was in a way contemplating to put in appearance on behalf of the Doctors at this stage, but after some discussion, he stated that he will not be appearing in the matter and the court may proceed to pass any order as he thinks fit. (4). When a bail is granted by the trial Court then this Court is very slow in interfering with the discretion exercised by the trial Court in favour of the accused. But when this Court is fully satisfied that the order of granting bail is wholly unsustainable and not passed in accordance with the law then only this Court has to interfere with the same. As stated above, I have not assigned any reasons for entertaining this petition for cancellation of bail except stating that I am fully convinced that a very strong case for the interference by the hands of this Court is made out in the application for cancellation of bail. It will be open to the respondent accused to make out a case in their favour and this Court may even reject this application for cancellation of bail. I cannot prevent the respon dent accused from that opportunity because the principles of natural justice demands that any order passed in favour of a party cannot be set aside without hearing him. I am not setting aside the same. I cannot prevent the respon dent accused from that opportunity because the principles of natural justice demands that any order passed in favour of a party cannot be set aside without hearing him. I am not setting aside the same. But, at the same, when I am fully convinced that the impugned orders passed by the trial Court are, on the face of it, prima- facied found to be unsustainable, then there is no option for this Court but to suspend the operation of the order of granting bail passed by the learned Sessions Judge in favour of the respondents accused. This type of orders are passed in rarest of rare cases and this in a case in which if I fail to pass this order then I will be failing to my duty. (5). Under the aforesaid circumstances, this main petition is admitted and notices be issued to the respondents and on the application made by the learned Government Advocate, the execution and operation of the order dt. 7.12.95 passed by the learned Sessions Judge, Jaipur City, Jaipur, Shri Amar Singh Godara, in Cr. Misc. Bail Application No. 2332 and 2333 of 1995 passed in favour of respondents accused Dr. Basant Fadiya and Dr. Santosh @ Sunny releasing them on bail on the terms and conditions stated in the order and the order dated 8th Dec., 1995 passed by Shri Amar Singh Godara, learned Sessions Judge, Jaipur City, Jaipur in Cr.Misc. Bail Application Nos. 2359, 2360, 2361, and 2362 of 1995 granting bail in favour of respondents accused Dr. Arun Phophliya and Dr. Suresh Chand Gupta on the terms and conditions stated in the order, are stayed. Meaning thereby, the Investigating Officer has to arrest all the accused forthwith. On their arrest, they will be produced before the learned Sessions Judge and thereafter they will be taken in judicial custody and thereafter, this matter will be placed at the top of the Board for final hearing after a week.