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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Kuldeep Mathur, J.
Hadman Ram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous 3rd Bail Application No. 6995 of 2022
Decided On : 30-01-2023
Bail Application - Rejection of Third Bail Application - No change of circumstances pointed out by petitioner - Dismissal of bail application - Direction to conclude trial expeditiously
Fact of the Case:
The petitioner filed a third bail application under Section 439 Cr.P.C. after the rejection of the second bail application by a Coordinate Bench.
Finding of the Court:
The court found that the petitioner's counsel failed to point out any change of circumstances warranting bail at this stage, leading to the dismissal of the third bail application. The competent criminal trial court was directed to conclude the trial expeditiously.
Issues: The issue was whether the petitioner's third bail application should be granted despite the rejection of the previous applications and the absence of any change in circumstances.
Ratio Decidendi: The court's decision was influenced by the lack of change in circumstances and the previous rejections of bail applications, leading to the dismissal of the third bail application.
Final Decision: The third criminal misc. bail application was dismissed, and the competent criminal trial court was directed to conclude the trial expeditiously.
JUDGMENT
Kuldeep Mathur, J. - The present third bail application under Section 439 Cr.P.C. has been preferred by the petitioner.
2. A Coordinate Bench vide order dated 12.02.2021, has rejected the second bail application of the petitioner. The first bail application of the petitioner was rejected on 13.08.2020.
3. Learned counsel for the petitioner has failed to point out any change of circumstances, which warrants indulgence of this Court at this stage.
No case for grant of bail is made out.
4. Accordingly, the third criminal misc. bail application is dismissed at this stage. The competent criminal trial court is directed to conclude the trial expeditiously.
The court emphasized the importance of demonstrating a change in circumstances when filing successive bail applications.
The court has the discretion to dismiss a bail application if not pressed at a certain stage, while granting liberty to file a fresh bail application after certain developments in the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Judicial discretion in granting bail must be exercised judiciously, with specific reasons provided, especially when prior applications have been denied.
The court highlighted the importance of expediting trials for individuals in prolonged custody to uphold the right to a timely trial.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
The court's decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.
Delay in trial cannot be used as a ground for bail.
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