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Issues Involved:
1. Appeal against conviction and sentence 2. Bail application for Shalini Rawat 3. Prosecution's narrative and evidence 4. Previous bail application and its dismissal 5. Legal principles regarding successive bail applications 6. Arguments for and against granting bail 7. Nature and circumstances of the offense 8. Right to speedy trial and personal liberty 9. Public interest and potential impact on the trial Detailed Analysis: 1. Appeal against Conviction and Sentence: The judgment begins by referencing a previous case, Ajit Kumar v. State, where the appellant was acquitted after a long period of incarceration. The judge reflects on the impact prolonged imprisonment can have on an individual's life, quoting Oscar Wilde to emphasize the emotional toll. 2. Bail Application for Shalini Rawat: The bail application for Shalini Rawat is the central issue of the judgment. Mr. V.P. Chaudhary, Senior Advocate, argues for her release on bail, citing the potential for her acquittal in the future and the hardships of prolonged detention. 3. Prosecution's Narrative and Evidence: The prosecution's case involves the abduction of Harsh Gupta, a college student, and the subsequent demand for ransom. The evidence includes the recovery of marked ransom money from Shalini Rawat and her father, and statements made under Section 161 of the Code of Criminal Procedure. The prosecution has already examined three witnesses, including the victim, Harsh Gupta, who supports their version of events. 4. Previous Bail Application and Its Dismissal: The judgment notes that this is not the first bail application for Shalini Rawat. The first application was dismissed on February 26, 1997, with the court finding sufficient evidence to deny bail. The current application is evaluated in the context of this previous decision. 5. Legal Principles Regarding Successive Bail Applications: The court acknowledges that successive bail applications are not barred by the principle of res judicata, but there must be a substantial change in circumstances to justify a new application. In this case, the court finds no substantial change in the factual situation since the previous application. 6. Arguments for and Against Granting Bail: Mr. Chaudhary argues that Shalini Rawat is an innocent lady and an advocate, and that her continued detention would hinder her ability to defend herself. He also cites the principle that "bail, not jail" is the basic rule. However, the court finds these arguments insufficient, noting that the gravity of the offense and the prima facie evidence against her outweigh these considerations. 7. Nature and Circumstances of the Offense: The court emphasizes the serious and heinous nature of the offenses charged against Shalini Rawat, including abduction for ransom. The evidence, including the recovery of ransom money and the victim's testimony, supports the prosecution's case and justifies continued detention. 8. Right to Speedy Trial and Personal Liberty: The court acknowledges the importance of the right to a speedy trial and personal liberty, as guaranteed by Article 21 of the Constitution and Section 309 of the Code. However, it finds that the trial is proceeding expeditiously and that there has been no undue delay. 9. Public Interest and Potential Impact on the Trial: The court concludes that granting bail to Shalini Rawat could jeopardize the prosecution and impede the trial. The public interest and the need to ensure a fair trial outweigh the arguments for her release. The petition for bail is thus dismissed, with the court noting that nothing in the order should be read as an expression of opinion on the merits of the case. Conclusion: The court dismisses the bail application of Shalini Rawat, emphasizing the serious nature of the charges, the prima facie evidence against her, and the potential impact on the trial and public interest. The judgment underscores the balance between personal liberty and the interests of justice, ultimately prioritizing the latter in this case.
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