Rakesh Kumar vs State on 24 November, 2009

Rajasthan High Court – Jodhpur

                                 1

  S.B.CRIMINAL MISC. SECOND INTERIM BAIL APPLICATION NO.5947/2009
        Rakesh Kumar          Vs. The State of Rajasthan


DATE OF ORDER             :      24th November 2009

      HON'BLE MR.JUSTICE DINESH MAHESHWARI

Mr.Kamal Deep Singh,for the petitioner.
Mr.Mahipal Bishnoi,Public Prosecutor for State.
                              ....

BY THE COURT

The petitioner is accused of offences under Sections

304B and 498A IPC and has moved this one as yet another

application for grant of temporary bail with reference to the

cardiac problem of his father and the requirement of treatment.

The application for temporary bail as moved on the

reasons aforesaid was rejected by the learned Trial Court on

26.10.2009 with reference to the fact that as per the

prescription slips, the blockade in the heart of father of the

petitioner was detected on 23.10.2009 with the requirement of

treatment within 7 days but allegedly the admission in the

hospital was declined by the treating doctor for want of some

attendant. The Trial Court has pointed out that there are

other relatives available in the family to look after the father of

the petitioner; and it has also been pointed out that the

petitioner has been moving repeat applications for grant of

temporary bail.

It is noticed that earlier, on 03.04.2008, this Court

granted temporary bail to the petitioner with reference to the

abdominal disease being suffered by his father.

The regular bail application as moved by the petitioner

(S.B.Cr.Misc.Bail Application No.5777/2007) was rejected by

this Court on 29.11.2007 essentially with reference to the

contents of the dying declaration against the petitioner.

Having regard to the circumstances, this Court does not

feel inclined to grant further indulgence to the petitioner at this

stage. However, if the petitioner makes the request before

the learned Trial Court for expeditious proceedings, the same

be given due consideration.

With the observations aforesaid, this second temporary

bail application moved on behalf of the petitioner Rakesh

Kumar s/o Kirta Ram under Section 439 Cr.P.C. stands

rejected.

(DINESH MAHESHWARI),J.

s.soni

Leave a Comment Cancel