DAMO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Damo submitted a second bail application under S.389, Cr.P.C. in S.B. Criminal Appeal No.512/1984. Learned Public Prosecutor placing reliance on a decision of Division Bench of this Court in Ramju v. State of Rajasthan, raised an objection that the Court cannot pass an order for an early hearing of the above appeal. Learned single Judge referred the following question for decision by a larger bench :-

(2.) In Ramju's case (supra) third bail application was moved by the accused-petitioner which came up for consideration before the Division Bench. It was held in the above case that it was the practice of the courts that whenever a request was made for early hearing of the case out of turn, it was accepted while rejecting the application for suspension of sentence. The parties, who engaged counsel with long purse prayed to the court for preparation of paper book out of the Court, such prayer was granted and as soon as the preparation of the paper book was completed within a shorter space of a month or two, then a further prayer was made that the case may be heard out of turn. It had become the practice of the court to grant such prayer.

(3.) It was further observed that the Judges were on trial. Millions of down-trodden people, who were looking to the affairs of the court, fell that the Courts were meant for the rich and not for the poor. There was a general feeling that the rich people engaged a good lawyer as they were in a position to make heavy payments to the advocates. The people having long purses and having vocal advocates prayed to the court to get their cases decided at the earliest and it was generally accepted. It was further observed that :