MATHURA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is fourth bail application filed by the accused who is a lady on the ground that she is in jail since 19. 12. 96 and the evidence of prosecution witnesses is already over long back but the learned Sessions Judge refused his prayer for bail. It was submitted that she wanted to examine certain defence witnesses in support of her defence to show that she has not made any extra judicial confession before the members of the Gram Panchayat. However, the learned Trial Judge rejected her bail application, therefore, this fourth bail application was presented by the accused before this Court.

(2.) AT the outset, I may state that this fourth bail application came up before me on 5. 4. 1999 and at that time relying upon the judgment of the learned Single Judge of this Court in the case of Ishab Khan vs. State of Rajasthan (1), bail was prayed for on the ground that she wants to examine the defence witnesses in support of her defence to show that she had not made extra judicial confession before the members of the Gram Panchayat. Heavy reliance was placed on paras 11 and 12 of the judgment of this Court in Ishab Khan's case (supra ). In para 11, it has been observed by this Court that: ". . . . . . . . There is no reason to disbelieve the contention of the learned counsel for the petitioner that for the reasons stated by him, the petitioner is not in a position to give the names of those persons and examine them in defence until he is granted an opportunity to find out the names of those persons who had attended in the said Panchayat. " In para 12 of the judgment, it has been observed that:- " Keeping in view the special circumstances of the case, I am of the view that the interest of the petitioner should be protected and he should be given full opportunity to lead his evidence in defence. The interest of the petitioner shall stand protected if he is granted an interim bail for a period of four weeks, to enable him to find out the names of those persons, who had attended in the said Panchayat a. 05. if he so choses, appear in defence. "

(3.) THIS, it was made clear by the Division Bench of this Court that it cannot be said that the learned Single Judge in Ishab Khan's case (supra) while granting bail in that case laid down any law which can be applied as precedent in relation to the grant of bail.