POOJA GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the present Criminal Reference the following question has been referred:-

(2.) A Standing Order No. 32/S.O./2023 dtd. 15/9/2023 was issued by the Office of this Court whereby it was enjoined upon all concerned that in future, in all matters, arising out of criminal act committed against victim as defined under Sec. 2(wa) of Cr.P.C., the victim be necessarily impleaded as party- respondent. The aforesaid Standing Order was passed on the basis of observations made in order dtd. 8/8/2023 passed by the learned Single Judge in S.B. Criminal Miscellaneous Bail Application No. 9490/2023 titled as Nitoo Singh @ Nitu Singh Vs. State of Rajasthan, that victim is necessary party in all the bail matters arising out of criminal act committed against the victim. Thereafter, learned Single Judge in order dtd. 27/9/2023 passed in Pooja Gurjar & Ors. Vs. State of Rajasthan, S.B. Criminal Miscellaneous Bail Application No. 11910/2023 expressed disagreement with decision taken by the learned Single Judge in order dtd. 8/8/2023 and observed that informant/complainant/victim in the proceedings seeking grant of bail under Ss. 437, 438 or 439 of Cr.P.C. neither can be considered as necessary party nor a proper party and accordingly framed a question hereinabove mentioned to be dealt by the Larger Bench by way of reference.

(3.) Learned Advocates namely Mr. Biri Singh Sinsinwar, Senior Advocate assisted by Mr. Harendra Singh Sinsinwar; Mr. A.K. Gupta, Senior Advocate, assisted by Mr. Rinesh Gupta; Mr. V.R. Bajwa, Senior Advocate, assisted by Ms. Savita Nathawat; Mr. Pankaj Gupta; Mr. Nikhil Sharma, Mr. Manish Gupta; Mr. Mohit Sharma; Mr. Pankaj Agarwal; Mr. Naman Maheshwari; Mr. Sagar Sharma; Mr. Hemant Gupta; Mr. Prashant Daga; Mr. Kapil Gupta; Mr. Anish Bhadala and Mr. Hemant Nahta have submitted their written submissions and have placed reliance on the judgments, namely, Jagjeet Singh & Ors. Vs. Ashish Mishra & Monu & Anr., (2022) 9 SCC 321; Saleem Vs. The State of NCT of Delhi & Anr., Bail Application No. 3635/2022; Ganesh Das: CRA 228 of 2020; Johirul Islam @ Jaher Ali Vs. The State of Assam, Criminal Appeal No. 332/2022; Rohit Vs. State of Maharashatra, Criminal Appeal (ST) No. 8953/2023; Birbal Kumar Nishad Vs. State of Chhattisgarh, SLP (Crl) No. 4540/2021; Rekha Murarka Vs. State of West Bengal, (2020) 2 SCC 474; Informant Vs. State of Karnataka, 2023 SCC Online Kar 69; Shiv Kumar Vs. Hukam Chand and Anr., (1999) 7 SCC 467 and Mallikarjun Kodagali (Dead) Represented by Legal Representatives Vs. State of Karnataka, (2019) 2 SCC 752.