Research › Search › Judgment

Rajasthan High Court · body

2003 DIGILAW 80 (RAJ)

Prakash v. State of Rajasthan

2003-01-21

HARBANS LAL

body2003
JUDGMENT 1. 1. This bail application under section 439 Cr.P.C. has been filed on behalf of petitioners Prakash, Rama and Jaidei who are facing trial before the learned Additional District and Sessions Judge (Fast Track) Laxmangarh in Sessions Case No. 31/02 for the offences under sections 302 and 452 IPC. 2. Learned counsel for the petitioners has submitted that the investigating agency had not filed any challan against the petitioners but they were summoned by the learned trial court in exercise of powers under section 319 G.P.C. through non-bailable warrants. The petitioners filed two separate S.B. Criminal Revision Petitions No.1045/2002 and 1091/2002 against the aforesaid order wherein the order of summoning the petitioners was upheld but the warrant of arrest was converted into bailable warrants. Pursuant thereto they surrendered before the learned trial court on 3.1.2003 and submitted bail application but the learned trial court dismissed the same vide order dated 4.1.2003. It has been argued that the learned trial court has not only dis-obeyed and flouted the orders of this court but has also shown scant regard for this court by refusing the bail application inspite of the orders of this court converting the arrest warrants into bailable warrants. It has, therefore, been urged by the learned counsel for the petitioners that the suitable action s$ould be taken against the learned Sessions Judge so that such incident of judicial indiscipline may not be repeated. In this regard, he has drawn my attention to the observations made in by a co-ordinate Bench vide order dated 3.10.2002 passed in S.B. Criminal Misc. Application No. 1033/2002 and S.B. Criminal Misc. Petition No. 1247/2001 and order dated 16.12.99 passed in S.B. Criminal Bail Application No. 6067/99. 3. The learned P.P. has opposed the bail application and has submitted that the application of co-accused Ramveer was rejected and he was ultimately, after trial, convicted and sentenced to life imprisonment and a fine of Rs. 2,000/-. 4. I have given my anxious and thoughtful consideration to the submissions made at bar and have also perused the papers placed before me. 5. 2,000/-. 4. I have given my anxious and thoughtful consideration to the submissions made at bar and have also perused the papers placed before me. 5. Without making any observations on the merits of the case at this stage, considering all the facts and circumstances of the case and keeping in view the fact that this court had directed in S.B. Criminal Revision Petitions filed on behalf of the petitioners that the petitioners be summoned through bailable warrants instead of arrest warrants, I deem it just and proper to enlarge the petitioners on bail. 6. In the result, this bail a plication is allowed and it is directed that petitioner(s) Prakash, Rama and application w/o Shri Rama shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the trial court for their appearance before that Court on each and every date of hearing until conclusion of trial. 7. However, it is also directed that the learned Additional Sessions Judge be asked to explain as to under what circumstances and why the petitioners were not released on bail inspite of the order of this court to summon them through bailable warrants.Bail Appln. Allowed *******