IMPORTANT POINT
Bail is the rule and jail is the exception; revocation requires valid justification.

JUDGMENT :

1. The present petition is filed under Section 482 of Cr.P.C. assailing the order dated 08.01.2024, passed by the learned Additional Sessions Judge No. 1 Khetri, Rajasthan in Criminal Misc. Case No. 129/2023 whereby, the learned Trial Court has revoked the bail bonds of the accused-petitioners (granted under Section 436 of Cr.P.C.) in F.I.R. no. 203/2023 registered at Police Station Mehada, District Neemkathana, Nyay Kshetra, Jhunjhunu, Rajasthan, for offences under Sections 323, 341 and 504 of I.P.C.

2. The instant petition is filed with the following prayers:

“It is, therefore, respectfully prayed that your lordship may graciously be pleased to call for the entire record of the case and after examining the same allow the present criminal misc. petition and the impugned order dated 08.01.2024 passed by learned Additional Session Judge, District Jaipur, in Criminal Misc. Case No.129/2023 (Investigating officer Vs. Narpal and others) may kindly be quashed and set aside.

Any other beneficial order or direction which the Hon’ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

3. Learned counsel for the petitioner had submitted that in a nut-shell the factual matrix of the instant matter is that after culmination of the initial investigation the accused-petitioner was charged with sections 341, 323, 504, 506/34 of I.P.C. Howsoever, the accused-petitioners were enlarged on bail (filed under section 436 of Cr.P.C.) considering the simple nature of injuries inflicted. Subsequently, the police file was sent to the Circle Inspector for his opinion, who opined that an offence under section 308 of I.P.C. is also made out.

4. In this backdrop, learned counsel had averred that the Circle Officer sans considering the medical reports furnished by the Medical Officer/ Expert Doctor intervened in the instant timeline and added an offence under section 308 of I.P.C. against the accused-petitioner, without tendering any reasonable explanation. Subsequently, respondent no. 2 filed a bail cancellation application under section 439(2) of Cr.P.C. (dated 14.12.2023). Resultant to which, turning a blind eye to the medical report and the submissions made by the police officers at the earlier stage (qua the fact that all the offences are bailable in nature), the bail bonds of the petitioners were revoked vide the impugned order (Annexure-4).

5. At this juncture, learned counsel had placed reliance upon the order dated 12.02.2024 and had averred that the said order categorically notes that the petitioner no. 2 i.e. Smt. Sarita was arrested therefore, the instant petition was dismissed as having become infructuous to the extent of the petitioner no. 2 and an immunity of no arrest to be carried out was granted qua the petitioner no. 1. Though the petitioner no. 2 was subsequently released on bail.

6. Considering the crucial factual matrix of the instant matter vide orders dated 04.07.2024 and 13.08.2024 the Investigating Officer and the concerned Superintendent of Police were directed to mark presence in the Court. In compliance of the directions of the Court, the officers have marked presence and have tendered explanation qua the subsequent addition of offence under section 308 of I.P.C. against the petitioners. Nonetheless, this Court is not absolutely satisfied with the explanation so tendered, as no bona fide and definitive rationale behind the said action appears.

7. Ergo, considering the aforementioned facts and circumstances of the instant matter, juxtaposing the averments raised by the learned counsel for both the sides and the police officers present in the Court, and scanning the record this Court is of the following opinion:

7.1 That the instant dispute was inter-se between the parties, wherein, cross-FIRs were lodged by the petitioners and the then complainants.

7.2 That in the report undersigned by the medical officer, it is categorically noted that the nature of injurie