LAWS(SC)-2009-2-6

DHUK SINGH Vs. STATE OF RAJASTHAN

Decided On February 09, 2009
DHUK SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the grant of bail to respondent No.2 who had applied for bail during the pendency of the proceedings relating to FIR No. 20/2007 Police Station, Syala, District Jalore.

(3.) A learned Single Judge of the Rajasthan High Court at Jodhpur allowed the bail application. The High Court stated that the question as to whether respondent No.2 was to be added as an accused is the subject-matter of examination by the High Court, while considering the scope and ambit of Section 169 of the Code of Criminal Procedure, 1973 (in short Code). The High Court did not examine the case on merits and on that score alone accepted the prayer for bail. It needs to be noted that learned Sessions Judge, Jalore, had rejected the bail application on considering the nature of allegations against the present respondent No.2.