MANDATA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FIR No. 26/2002 under Sections 307, 120-B, IPC and 3/25 Arms Act dated 28-1-2002 at Police Station Gandhi Nagar, Jaipur was got registered by Dr. Narendra Rungta on the ground that Mandata Singh, petitioner herein, along with his other accomplices Narain Soni and Bhagirath Singh allegedly assaulted Dr. Narendra Rungta with fire arms with intent to commit murder. Challan has been put up and the accused have been duly charge sheeted. Evidence has been recorded in part. Next date of hearing is 11-3-2004. Another FIR No. 293 of 2002 under Sections 399, 402, 120-B, IPC and Section 3/25 of the Arms Act was got registered at Police Station Shipra Path, Mansarovar, Jaipur by Dr. Narendra Rungta in which Mandata Singh, Dhan Singh, Krishna Yadav, Bhanwar Singh and Bhagwan Singh were arrayed as accused. Charge sheet as well as additional charge sheet has been filed in this case as well. Dr. Narendra Rungta got registered another FIR No. 542/2002 under Sections 387, 506, IPC dated 4-12-2002 at Police Station Malviya Nagar, Jaipur. Similarly two other FIR Nos. 279/2002 under Sections 387, 506 IPC dated 25-6-2002 and 527/2002 have been registered under Section 3/25 of the Arms Act against the petitioner.

(2.) In FIR No. 26/2002 petitioner was granted bail on 30-5-2002. An application for cancellation of bail was filed on the ground that the petitioner had threatened the complainant with dire consequences. This application was dismissed by the High Court on 23-8-2002. After the registration of FIR No. 293/2002 a second application for cancellation of bail was filed. Application for cancellation of bail as well as application for grant of bail in FIR No. 293/2002 were taken up by the High Court on 7-5-2003. Relying upon a decision of this Court in Ram Govind Upadhyay v. Sudarshan Singh and others, 2002 (3) SCC 598, the bail granted in FIR No. 26/2002 was cancelled. Prayer for grant of Bail in FIR No. 293/2002 was declined by the same order.

(3.) Aggrieved against the aforesaid order of the High Court the petitioner filed the present special leave petition seeking bail. It was contended that he had already undergone more than 14 months of imprisonment as under-trial prisoner and therefore he should be shown mercy and released on bail.