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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT PRINCIPAL SEAT, JODHPUR
ORDER
In
S.B. Cr. Misc. Bail Appl. No.3847/2009
{Jagseer Singh Vs. The State of
Rajasthan}
Date of Order ::: 29th July, 2009
PRESENT
HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Shri M.K. Garg, Counsel for petitioner
Shri Anees Bhurat, PP for the State
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By the Court:
Heard learned counsel for petitioner as
well as learned Public Prosecutor and perused
the material made available to me during the
arguments of the case.
Learned counsel for petitioner submitted
that, after investigation of the case, a charge-
sheet was filed in the matter only against
accused Chidiya @ Baldeo Singh for the offence
under Sections 302 and 323, IPC; however, after
recording the statements of two prosecution
witnesses, namely, Ishwari Devi and Jato Bai,
the trial court, on an application filed by the
prosecution under Section 319, Cr.P.C., took
cognizance against the accused-petitioner vide
order dated 9th February, 2009, and accused-
petitioner was summoned through non-bailable
warrant; the petitioner has already been
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arrested and he moved an application for bail
but the same has been rejected by the trial
court vide order dated 2nd July, 2009. Since the
statements of prosecution witnesses are contrary
to their statements under Section 161, Cr.P.C.,
therefore, this is a fit case for grant of bail
to the accused-petitioner. The above facts have
not been disputed by the learned Public
Prosecutor.
After considering the submissions of
learned counsel for the parties, examining the
record and the facts and circumstances of the
case, but without expressing any opinion on its
merits and demerits, I think it fit and proper
to allow this application under Section 439,
Hence, it is directed that accused-
petitioner Jagseer Singh S/o Madu Ram, R/o 61 F,
Tehsil Sri Karanpur, District Sri Ganganagar
(presently lodged at Sub Jail Sri Karanpur) be
released on bail under Section 439 Cr.P.C., in
F.I.R. No.178/2008 registered at Police Station
Sri Karanpur, District Sri Ganganagar, under
Sections 302 and 323/34, IPC, provided he
furnishes a personal bond in the sum of
Rs.25,000/- (Rupees twenty five thousand only)
together with one surety of the like amount to
the satisfaction of the trial court for his
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appearance on all subsequent dates of hearing
and as and when called upon to do so.
The bail application stands disposed of.
The order dated 2nd July, 2009, passed by
Shri Yogesh Chandra Swami, RHJS, the Additional
Sessions Judge, Sri Karanpur (Sri Ganganagar) in
Miscellaneous Criminal Case No.92/2009, mentions
that after investigation a charge-sheet has been
filed against accused-petitioner Jagseer Singh
along-with other accused-persons. The learned
counsel for petitioner referred a copy of
charge-sheet which clearly establishes that the
charge-sheet was submitted only against accused
Chidiya @ Baldeo Singh and not against accused-
petitioner Jagseer Singh; he also referred a
certified copy of the order dated 9th February,
2009 passed by the same Presiding Officer,
whereby he took cognizance against accused-
petitioner on the application filed by the
prosecution under Section 319 of the Cr.P.C. In
these circumstances, it is clear that the
Presiding Officer has not referred correct facts
in the order, rather he mentioned false facts
therein, which may mislead the higher court as
the contents of the order are presumed to be
correct; it further shows that the application
has been decided without application of mind and
in a cursory and negligent manner. However,
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before passing any order for departmental
enquiry against the Presiding Officer, I think
it fit and proper to call for his explanation in
the matter. Hence, the Registrar (Admn.) of this
Court is directed to send a copy of this order
to Shri Yogesh Chandra Swami, RHJS, Additional
Sessions Judge, Sri Karanpur (Sri Ganganagar),
to submit his explanation within a period of two
weeks from the date of receipt of the order.
Put up this matter after two weeks.
(NARENDRA KUMAR JAIN), J.
//Jaiman//