The court established that an interim order preventing the filing of a charge-sheet negates claims for default bail under Section 167(2) Cr.P.C.

JUDGMENT

Kuldeep Mathur, J. - The present misc. bail application under Section 439 Cr.P.C. has been filed in connection with FIR No.102/2022 registered at P.S. Nawa Shahar, District Nagaur for offences punishable under Section 147, 148, 149, 341, 427, 302, 120B IPC and 3/25 Arms Act.

2. The complainant lodged an FIR No.102/2022 at P.S. Nawa Shahar, District Nagaur for offences under Section 147, 148, 149, 341, 427, 302, 120 B IPC and 3/25 Arms Act. As per the F.I.R., on 14.05.2022, the complainant's husband, Jaipal Poonia (deceased) informed her that he will be going to court at 12:30 P.M. to attend court proceedings. The complainant around 03:15 P.M., received a phone call from Rajendra Kumar's (brother of the deceased) mobile phone upon which the deceased on the phone, stated inter alia that around 02:00-02:15 P.M., while he was returning from the court after attending the proceedings, a Bolero car suddenly stopped in front of his car, from which, two masked men along with Moolchand Saini and Guda Salt Sarpanch, Virendra Saini stepped out. They told Jaipal (deceased) that they have come to teach him a lesson as he had picked enmity with Moti Singh and MLA Mahendra Choudhary. Whereupon, they started vandalising his car by giving lathi blows and fired gun shots at him. The complainant was further informed on call that her husband Jaipal (deceased) has been referred by Nawa Hospital to Jaipur. The deceased was taken to Jaipur by Rajendra, Radheshyam and Om Prakash. At around 04:00 P.M., the complainant received the information of passing away of his husband attributable to the gun shots fired at him by the perpetrators.

3. As per the FIR, the deceased had in past received death threats from Moti Singh, brother of MLA Mahendra Choudhary, who had once attacked the deceased by entering into their house along with 2-3 goons; the case is pending trial.

4. After filing of the FIR No.102/2022 at PS Nawa Shahar, District Nagaur, the Investigating Agency arrested present petitioners on 18.05.2022 for the offences under Section 147, 148, 149, 341, 427, 302, 120 B IPC and 3/25 Arms Act.

5. The complainant (wife of the deceased) after filing of FIR No.102/2022 at PS Nawa Shahar, District Nagaur apprehended that since the matter is politically sensitive, due to possibility of political interference and other extraneous reasons, the police may not investigate the matter fairly. Thus, S.B. Criminal Misc(Pet.) No.3399/2022 (Sarita Choudhary vs. State of Rajasthan) was preferred by her before a co-ordinate Bench this Court seeking a direction upon Investigating Agency to conduct investigation in a fair and an unbiased manner.

6. A co-ordinate Bench of this Court in S.B. Criminal Misc(Pet.) No.3399/2022 (Sarita Choudhary vs. State of Rajasthan), vide order dated 01.06.2022, while issuing show cause notices upon respondents was pleased to pass the following interim order:-

'Counsel for the petitioner submits that the petitioner is wife of deceased and it is politically sensitive matter. She also apprehends politically interference.

Issue notice to the respondents.

Counsel for the petitioner shall be at liberty to serve the respondents through their regularly appearing counsels.

List on 27.06.2022.

In the meanwhile, challan in this case shall not been filed without permission of Court'

7. While the S.B. Criminal Misc(Pet.) No.3399/2022 (Sarita Choudhary vs. State of Rajasthan) was pending before co-ordinate Bench this Court, an application (I.A. No.3/2022) came to be filed by the Public Prosecutor stating inter alia that investigation in the case is complete qua 9 accused persons and the challan is ready for being filed, therefore, Investigating Agency may be permitted to file the challan before competent criminal court while keeping the same pending for remaining accused.

8. The co-ordinate Bench of this Court after hearing learned counsel for the parties on the above-mentioned application (I.A. No.3/2022), vide order dated 23.08.2022 modified the interim ord