SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(Raj) 2262

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mahesh Chandra Sharma, J.
Rajendra Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Fourth Bail Application No. 10969, 11839, 11840, 11841, 11842 of 2013 with S.B. Criminal Misc. Third Bail Application No. 11837, 11838, 10190 of 2013.
Decided On : 10-12-2013

Advocates:
For the Petitioners in S.B. Criminal Bail No. 10969, 11837, 11838, 11839, 11840, 11841 and 11842 of 2013:Pratap Singh Sirohi, Advocate.
For the Petitioners in S.B. Criminal Bail No. 10190 of 2013:Jitendra Singh, Advocate.
For the State: Peeyush Kumar, Public Prosecutor.

In cases involving heinous crimes, bail may be denied if there are no new grounds or material change in circumstances since the dismissal of previous bail applications.

Headnote:

BAIL - RAJASTHAN BOVINE ANIMAL (PROHIBITION OF SLAUGHTER AND REGULATION OF TEMPORARY MIGRATION OR EXPORT) ACT, 1995 - SECTIONS 5, 6, 8, 9(1) - PREVENTION OF CRUELTY ON ANIMAL ACT, 1960 - SECTION 11(1) (KA) (GHA) (DA) - BAIL APPLICATION - REJECTED - HEINOUS NATURE OF CRIME - NO NEW GROUNDS OR MATERIAL CHANGE IN CIRCUMSTANCES - TRIAL COURT DIRECTED TO CONCLUDE TRIAL EXPEDITIOUSLY.

Fact of the Case:

Multiple bail applications were filed by accused-petitioners arrested for transporting 439 cattle without a license or permit, resulting in the death of two calves. The police registered a case under Sections 5, 6, 8, 9(1) of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995, and Section 11(1) (Ka) (Gha) (Da) of the Prevention of Cruelty on Animal Act, 1960.

Finding of the Court:

The court noted that the accused-petitioners had previously filed bail applications which were dismissed. The court found no new circumstances or material change in the case to warrant their release on bail, considering the heinous nature of the crime.

Issues: Whether the accused-petitioners should be granted bail considering the heinous nature of the crime and the absence of new grounds or material change in circumstances.

Ratio Decidendi: The court held that the accused-petitioners were not entitled to bail at this stage, as there were no new grounds or material change in circumstances since the dismissal of their previous bail applications. The court also considered the heinous nature of the crime and directed the trial court to conclude the trial expeditiously.

Final Decision: The court rejected all eight bail applications filed by the accused-petitioners and directed the trial court to conclude the pending trial as early as possible.

JUDGMENT

1. - Since all the above bail applications filed by the accused-petitioners relate to F.I.R. No. 418/2013 registered at Police Station Shipra Path, Jaipur under Sections 5, 6, 8, 9(1) of the Rajasthan Bovine Act and Section 11(1) (Ka) (Gha) (Da) of the Prevention of Cruelty on Animal Act, 1960, they are being heard together and disposed by this common order.Brief facts as narrated in S.B. Criminal Misc. Third Bail Application No. 10190 of 2013 are as under:

"on 28.8.2013 the complainant Omprakash, Police Inspector/S.H.O. lodged a written report against the accused-petitioners and other at Police Station Shipra Path, Jaipur City (East) with regard to an incident alleged to have taken place on 27.8.2013 alleging therein that from 15 trucks the police has recovered total 439 cattle and alleged that same were being transported for the purpose of slaughtering. On the basis of the above mentioned report the police registered a criminal case bearing F.I.R. No. 418/2013 for alleged offence under Sections 5, 6, 8, 9(1) of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and Section 11(1) (Ka)(Gha) (Da) of the Prevention of Cruelty on Animal Act, 1960 and investigation commenced. After investigation the accused-petitioners were arrested. The accused-petitioners filed bail application under Section 439 Cr.P.C. before Additional Sessions Judge No. 1 Jaipur Metropolitan, who vide his order dated 3.9.2013 rejected the bail application. The accused-petitioner Hariom, who filed Third Bail Application No. 10190 of 2013, in the first instance the accused-petitioner Hariom S/o Jaman Singh filed bail application bearing No. 8959 of 2013 before this Court along with 29 co-accused persons and this Court vide order dated 19.9.2013 rejected the bail application and the accused-petitioner and 29 co-accused persons were given liberty to file bail application before the Trial Court after filing of the challan. The accused-petitioner Hem Singh, who filed Third Bail Application No. 10190 of 2013 along with Hariom, in the first instance filed bail application bearing No. 9010 of 2013 before this Court along with 135 co-accused persons and this Court vide order dated 19.9.2013 rejected the bail application and the accused-petitioner and 135 co-accused persons were given liberty to file bail application before the Trial Court after filing of the challan. The accused-petitioners filed the Bail Application No. 10190 of 2013 describing it as a Third bail application but from the record it is clear that is a second bail application. It may also be submitted that along with the bail application the accused-petitioners Hariom and Hem Singh filed a certified copy of the order dated 3.9.2013 earlier filed by the accused-petitioners along with the first bail application. In the Third Bail Application No. 11837 of 2013 filed by Ram Ratan, it appears that the accused-petitioner Hariom son of Jaman Singh filed Bail Application No. 323 of 2013 before the Additional Sessions Judge No. 3 Jaipur Metropolitan along with 38 co-accused persons and the same was rejected vide order dated 30.10.2013. In the Bail Application No. 10969 filed by Rajendra Singh described the bail application as fourth bail application. Rajendra Singh filed Bail Application No. 8965 of 2013 and the same was rejected by this Court on 19.9.2013. It may be submitted that in the Bail Application of Hetram No. 8961 of 2013 the name of Rajendra Singh S/o Kude Singh was also mentioned at S. No. 25 and thus he described his Bail Application No. 10969 of 2013 as Fourth Bail Application. Along with application he has filed certified copy of the order 30.10.2013 passed in Bail Application No. 318 of 2013 by the Additional Sessions Judge No. 3 Jaipur Metropolitan rejecting his bail application along with four persons. In Bail Application No. 11842 of 2013 filed by the accused-petitioner Amar Singh, described the bail application as Fourth Bai









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top