STATE OF RAJASTHAN Vs. INDIRA KUMARI

JUDGEMENT

(1.) "A litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands is not entitled to any relief, interim or final."[Dalip Singh Vs. State of UP (2010) 2 SCC 14]

(2.) Counsel for the petitioners Anuj Pokharna and Rishabh Raj submits that their case is at par with the case of co-accused Indira Kumari to whom indulgence of bail has been granted by this Court vide order dtd. 7/3/2024. Counsel submits that as per the statements of the eye witness namely Sumit Sharma and Mohammed Kaif recorded under Sec. 164 Cr.P.C, the presence of each and every accused including the co-accused Indira Kumari has been established at the spot, where the incident has occurred. Counsel submits that under these circumstances the cases of the present petitioners are at par with the case of Indira Kumari. Hence the petitioners are also entitled to get the same indulgence of bail on the ground of parity.

(3.) Per contra, learned Public Prosecutor opposed the bail application and submitted that at the time of argument in the bail application of the co-accused Indira Kumari, the correct facts were not brought into the notice of this Court, and the statements of the eye witnesses Sumit Sharma and Mohammed Kaif recorded under Sec. 164 Cr.P.C were not submitted with the record of the bail application of Indira Kumari. Learned Public Prosecutor submits that an argument was raised on behalf of the co-accused Indira Kumari that she was not present on the spot. Hence, keeping in view this material aspect of the matter, indulgence of bail has been granted to her. Counsel submits that this Court vide order dtd. 20/3/2024 issued show cause notice to the co-accused Indira Kumari for cancellation of her bail, for such an act of misrepresentation and suppression of material facts and evidence against her. Counsel submits that under these circumstances the order of grant of bail to the co-accused Indira is liable to be cancelled and the order dtd. 7/3/2024, passed by this Court granting bail to her be re-called.