SUNIL SOOJI Vs. STATE

JUDGEMENT

(1.) Instant 2nd bail application Under Section 439, CrPC has been filed by accused Sunil Sooji while 1st one (Cr. Msc. Bail Appln. No. 4381/2006) was allowed by a co-ordinate Bench of this Court releasing him Under Section 439 CrPC in FIR-263/02 PS Sodala (Jaipur) vide order dt. 05/10/2006 but while allowing Special Leave Petition (Cr) No. 6630/06, the Apex Court set aside order dt. 05/10/06 (supra) and cancelled the bail of petitioner vide order dt.03/08/07 and accordingly remanded the matter back to this Court for consideration afresh.

(2.) Instant bail application was earlier listed before the co-ordinate Bench which has earlier granted bail to the petitioner but observed to list on 30/08/07 before another Bench, on which the matter has come up before this Court under orders of the Chief Justice.

(3.) Initially FIR-263/2002 was registered at PS Sodala (Jaipur) for offence Under Sections 302, IPC on a written report lodged by Deepak Singchi for murder of Brij Kishore Heda (since deceased) and after investigation ultimately, the police filed charge sheet against petitioner as also other accused persons for offences Under Sections 302, 120B, 147 and 149, IPC taking note whereof, cognizance was taken against petitioner and Ors. co-accused and the case was committed to the Court of Sessions for trial, which is pending in Sessions Case-56/2006 (State v. Sooji and Ors.) before Addl. Sess. Judge (Fast Track) No. 2, Jaipur City Jaipur.