Rajasthan High Court - Jaipur
Manish S/O Sukhram B/C Bariwa vs State Of Rajasthan on 4 April, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail No. 4174/2019
Manish S/o Sukhram B/c Bariwa, Aged About 23 Years, R/o
Village Jharka, Police Station Rajgarh Alwar (At Present In Distt.
Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, through P.P.
----Respondent
For Petitioner(s) : Mr. Anuj Kaushik.
For State(s) : Mr. Arvind Bhadu, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
04/04/2019
1. Petitioner has filed this second bail application under Section
439 of Cr.P.C.
2. F.I.R. No.184/17 was registered at Police Station Rajgarh,
Alwar, for offence under Sections 363, 366, 376(2)(1) of I.P.C. and
Section 3/4 of POCSO Act.
3. It is contended by counsel for the petitioner that similarly
situated co-accused has been granted bail by Co-ordinate Bench.
4. On perusal of the order passed by Co-ordinate Bench dated
14.03.2019, it is revealed that counsel for the petitioner, who is
counsel in the present case also, submitted before the Co-ordinate
Bench that prosecutrix in her Court statement has leveled
allegations against the co-accused Manish. Co-ordinate Bench
considering the contentions put forth by counsel for the petitioner
granted bail to Mukesh.
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5. This Court while rejecting the bail of Manish permitted the petitioner to move fresh bail application after recording the statement of prosecutrix. Trial Court was directed to record the statement of prosecutrix at the earliest.
6. From perusal of the statement of prosecutrix, it is revealed that prosecutrix, a child aged fifteen years, in her Court statement has specifically leveled allegations with regard to rape against the present petitioner as well as Mukesh, who has been enlarged on bail by Co-ordinate Bench on the basis of misstatement of counsel for the petitioner before the Co-ordinate Bench.
7. It is pertinent to note that prosecutrix in her statement had leveled allegations with regard to commission of rape against Mukesh as well as Manish.
8. In the entire statement of the prosecutrix, counsel for the petitioner had highlighted only the portion which was pertaining to co-accused-Manish. Now before this Court, counsel for the petitioner has highlighted the portion in which prosecutrix has deposed against Mukesh and Manish.
9. Counsel for the petitioner has obtained bail order by purposely making a misstatement before the Co-ordinate Bench and today in this Court while arguing second bail of Manish to obtain a favourable order contended that similarly situated co- accused has been granted bail by Co-ordinate Bench.
10. This Court is of the considered view that action is required to be taken against the advocate, who has mislead the Court to obtain favourable orders. A copy of this order be sent to the Bar (Downloaded on 27/06/2019 at 10:34:11 PM) (3 of 3) [CRLMB-4174/2019] Council of Rajasthan to initiate appropriate action against Mr. Anuj Kaushik-Advocate.
11. Learned Public Prosecutor is directed to move bail cancellation application in relation to Mukesh, who has been granted bail by Co-ordinate Bench on 14.03.2019 on the basis of misstatement of counsel for the petitioner.
12. As prosecutrix aged fourteen years has deposed against petitioner, the present second bail application is dismissed.
13. A copy of this order be sent to the Secretary Bar Council of Rajasthan for appropriate action.
(PANKAJ BHANDARI),J.
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