ARVIND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused petitioner has laid this second bail application under Section 439 Cr.P.C., arising out of FIR No.26/14, registered at Police Station Sanderao, District Pali.

(2.) In the FIR aforesaid, besides petitioner, three more accused persons are charged for offences punishable under Sections 498- A, 304-B read with 120-B IPC. The first bail application of the petitioner bearing No.3454/17 was dismissed as not pressed on 9th of August 2017.

(3.) Arguing on this second bail application, learned counsel for the petitioner submits that after rejection of first bail application there is substantial change in the circumstances inasmuch as upon completion of investigation charge-sheet in the matter has been filed. Learned counsel contends that at the threshold police after investigation filed charge-sheet against accused persons for offence under Sections 279 and 304 IPC but upon consideration of said charge-sheet, Addl. Chief Judicial Magistrate, Sumerpur, without hearing the petitioner, ordered further investigation, which is per se bad in law. Elaborating his submissions in this behalf, learned counsel would contend that outcome of further investigation in the form of charge-sheet against the petitioner for offence punishable under Sections 498-A, 304-B/120-B and 406 IPC is a glaring example of embellished projection of the alleged criminal delinquencies of the petitioner.