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2009 Supreme(SC) 205

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Dhuk Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared: For the Appellant:Aishwarya Bhati, Rekha Giri and Sweta Rani, Advocates. For the Respondents:V.J. Francis and Anupam Mishra, Advocates.

Judgment :

Dr. Arijit Pasayat, J.

Leave granted.

2. Challenge in this appeal is to the grant of bail to respondent No. 2 who had applied for bail during the pendency of the proceedings relating to FIR No. 20/2007 Police Station, Syala, District Jalore.

3. A learned Single Judge of the Rajasthan High Court at Jodhpur allowed the bail application. The High Court stated that the question as to whether respondent No. 2 was to be added as an accused is the subject matter of examination by the High Court, while considering the scope and ambit of Section 169 of the Code of Criminal Procedure, 1973 (in short Code). The High Court did not examine the case on merits and on that score alone accepted the prayer for bail. It needs to be noted that learned Sessions Judge, Jalore, had rejected the bail application on considering the nature of allegations against the present respondent No. 2.

4. The informant had filed the present appeal questioning grant of bail to respondent No. 2. It is submitted that contrary to the view expressed by this Court in a large number of cases, without indicating any reason the order granting bail was passed. Learned counsel for the State supported the stand of the a





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