9911796707
TMI Blog2021 (1) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... ny special circumstance is in existence, the bail of a subsequently arrested accused on same footing should not be dismissed when other/s with similar allegation/s have been extended indulgence of bail. In the present case, the learned Additional Sessions Judge No.1, Barmer, while rejecting the bail application of the petitioners by order dated 23.12.2020, referred to his own order dated 05.09.2020 whereby, the bail application of Swaroop Singh was rejected. However, the order dated 07.10.2020 passed by this Court whereby, Swaroop Singh whose case stands on the same footing as the petitioners, was admitted to bail was conveniently omitted. This indicates the gross disregard of this Court s order by the learned Additional Sessions Judge N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are in custody in relation to F.I.R. No.221/2020, Police Station Kotwali, District Barmer, for the offences under Sections 458, 323, 354, 504 and 509/34 IPC. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. On perusal of the impugned order and the FIR, it is apparent that the role attributed to the present petitioners Khet Singh and Kalyan Singh and the co-accused Swaroop Singh is almost identical. Though as per the FIR, the petitioner Kalyan Singh was allegedly armed with a knife but it is apparent from the injury reports of the injured Om Prakash and Thakara Ram that no injury whatsoever was caused to anyone by a sharp weapon. The bail application of the co-accused S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court s order/s must be referred to and duly regarded in the order/s deciding such bail application/s. In the present case, the learned Additional Sessions Judge No.1, Barmer, while rejecting the bail application of the petitioners by order dated 23.12.2020, referred to his own order dated 05.09.2020 whereby, the bail application of Swaroop Singh was rejected. However, the order dated 07.10.2020 passed by this Court whereby, Swaroop Singh whose case stands on the same footing as the petitioners, was admitted to bail was conveniently omitted. This indicates the gross disregard of this Court s order by the learned Additional Sessions Judge No.1 Barmer. The approach of the learned Additional Sessions Judge No.1, Barmer in denying bail ..... X X X X Extracts X X X X X X X X Extracts X X X X
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