PARASRAM BISHNOI Vs. CBI, NEW DELHI

JUDGEMENT

(1.) Accused-petitioner, facing trial for offence punishable under Ss. 302, 364, 201 read with Sec. 120B IPC in Sessions Case No. 97/2011, pending before Special Judge, Scheduled Castes and Scheduled Tribes (POA) Court, Jodhpur, District Jodhpur (for short, 'learned trial Court'), has laid this application under Sec. 439 Cr.P.C. seeking interim bail for ten days. The sessions case aforesaid against him is founded on FIR No. RC7(S)/2011- CBI/SC-1/New Delhi. In the application, seeking interim bail for this duration, it is inter-alia averred that the petitioner is required to attend betrothal and allied ceremonies of his daughter Divya and son Vikram Bishnoi.

(2.) As per programs, Hawan and Jagran will be on 16/2/2019, followed by engagement ceremony of petitioner's daughter Divya in the afternoon of 17/2/2019 at Bilara, and thereafter engagement ceremony of his son Vikram Bishnoi is slated on 19/2/2019 at Rohicha Kala at about 1:00 PM.

(3.) Mr. Rajesh Joshi, learned Senior Counsel for the petitioner, has argued that being father of Divya and Vikram, personal presence of petitioner during these ceremonies is necessary. Mr. Joshi has also argued that petitioner is facing trial since long and has already remained in custody for almost 68 months. Learned counsel would contend that if petitioner is allowed the benefit of interim bail to attend the ceremonies then he would surrender after availing the same and there are no reasonable apprehension of his absconding.