##PAGE1##

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Miscellaneous Bail Application No. 12470/2026 CNR: RJHC010959612026 | URN: CRLMB / 27294U / 2026 Suresh Sharma S/o Shri Ramanivas Sharma, Aged About 60 Years, Resident Of 239, Rajiv Nagar, Near Saint Annes Prep School, Basni. (At Present Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected with D.B. Criminal Miscellaneous Bail Application No. 12500/2026 CNR: RJHC010956672026 | URN: CRLMB / 27354U / 2026 Jitendra Sharma S/o Shri Raja Babu Sharma, Aged About 56 Years, Resident Of House No. A/2/706, Victoria Palace, Shobhawaton Ki Dhani, C.h.b., Jodhpur Raj. (Presently Confined In Central Jail , Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Applicant(s) : Mr. Vineet Jain, Sr. Adv. assisted by Mr. Vikram Singh Gehlot &

Mr. Manan Bafna.

Mr. Ashok Joshi.

For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG assisted by Mr. K.S. Kumpawat.

HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

18/09/2026

1. Heard learned counsel for the parties.

2. The question raised in both the present applications is similar in nature and the said applications are arising out of FIR No.0411/2024 dated 12.11.2024 lodged by the High Court administration at Police Station Kudi Bhagtasni, Jodhpur City West for the offence under Sections 420 and 488 of the Indian Penal Code (later on Sections 409, 336, 120B and 166A of IPC were added) with respect to the structural failures in construction of the Rajasthan High Court Building at Jodhpur. Therefore, the present common order is being passed.

3. Learned counsel for the applicants submit that the present applications have been filed before this Court in the light of the direction contained in Para 21 of the order dated 24.08.2026 passed in D.B. Civil Writ Petition No.19427/2026 by a coordinate Bench of this Court. The said Para 21 reads as under:

“21. This Court would ordinarily be loath to pass an order of such a stringent nature; however, it is constrained to direct that no Court in the State of Rajasthan shall pass any order granting protection, of any nature, to any person or officer in respect of any civil or criminal liability arising out of the matters relating to the building of the Hon’ble Rajasthan High Court, Principal Seat, Jodhpur. Any such order, if passed, shall be deemed to be of no effect, unless it is passed by a Division Bench of this Hon’ble Court or by the Hon'ble Supreme Court, which shall, of course, prevail. Any order passed for the purpose of protection, or which has the effect of impeding the investigation or proceedings initiated against persons found responsible, shall be viewed by this Court with utmost seriousness, and no such order shall operate until permitted by this Court.”

4. Learned counsel for the applicants further submit that a similarly situated person namely, Varinder Kumar Garg has been granted the indulgence of bail by Hon’ble Supreme Court vide order dated 15.09.2026 passed in Special Leave Petition (Civil)

Diary No(s).55667/2026. The said order dated 15.09.2026 reads as under:

“1. Permission, to file the special leave petition, is granted.

2. Issue notice.

3. In the event the second petitioner (Varinder Kumar Garg) has been taken into custody in compliance with the order impugned in this special leave petition, he shall be immediately released, subject to further orders being passed in this petition.

4. Dasti, in addition, is also permitted.”

4.1. Learned counsel, thus, submit that the case of the present applicants is not only similar as that of the said Varinder Kumar Garg, but also on a better footing, and therefore, same indulgence may be granted by this Court to the present applicants.

5. On the other hand, learned Additional Advocate General submit that reply on behalf of the State has been filed only in case of one of the