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Shalini Rawat Versus The State

1997 (12) TMI 655 - DELHI HIGH COURT

Crl.M.(M) 2913/97 - Dated:- 11-12-1997 - Jaspal Singh, J. For Appellant: Mr. V.P. Chaudhary, Sr. Adv. and Mr. Suraj Saxena, Adv For Respondents: Mr. Raman Sawhney, Adv. ORDER Jaspal Singh, 1. In Ajit Kumar v. State (1997 IV AD (Delhi) 469) while accepting the appeal against the judgment of conviction and order of sentence, I wrote:.ls1 "The very first month of the year 1993 saw the appellant convict- ed and sentenced under sections 366 and 376 of the Indian penal Code. Though no time was lo .....

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what about his withered years and shattered dreams?" 2. Mr.V.P.Chaudhary, Senior Advocate while arguing on the bail application of Shalini Rawat read out to me the passage quoted above and thereby made me relive the overwhelming feeling of contrition which had besieged me while acquitting Ajit Kumar. What if Shalini Rawat too is not enlarged on bail and is acquitted years later? Asked Mr.Chaudhay. But then this was not the only contention. Other points too were raised in support of the plea .....

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le the persons keeping the vigil had made enquiries about his father and had assured to release him after receipt of the ransom amount. On October 5, 1995 Kamlesh, a lady who used to cook food for him and wash his clothes. told Harsh Gupta that she would talk about his release with "Shalini Mami". The same evening Kamlesh accompanied by Uday Pratap and Shalini Rawat entered his room, where Shalini while stating that the police might have arrested "the other persons" ordered h .....

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money bearing those signatures was later recovered allegedly from the petitioner Shalini Rawat and her father Jagdish Singh Rawat who made a statement under section 161 of the Code of Criminal Procedure that the amount so recovered from him had been handed over to him by none other but his own daughter Shalini Rawat and her husband. It may also be noticed that Shalini Rawat was arrested on October 8, 1995 while she was with Kamlesh and that about five days later she refused to participate in te .....

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t is not the first bail application in this court. In fact it is the second. The first was dismissed by a learned single judge on February 26, 1997. Mr.V.P.Chaudhary at that time too was the counsel. The order runs as under: "Crl.M.(M) No.298/97 Heard the learned counsel for the petitioner. Learned counsel for the petitioner contends that the petitioner is an innocent lady. She is an enrolled advocate. She has got absolutely nothing to do with the present incident. She has been in custody s .....

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of Rs.,5,75,000/- which he got deposited in different banks. Then there is the statement of the person kidnapped who has stated that Smt.Kamlesh told him that she would talk to the petitioner with regard to his release. Considering the above facts and circumstances I do not think present case is a fit case for bail. Dismissed." 6. Mr.Chaudhary says that the earlier order is no bar to the present application though Mr.Sawhney appearing for the State, without referring to any authority in su .....

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549/1989 : 1989CriLJ2317 ]. As for me, I see no substantial change in fact situation excepting this that after the said order three witnesses including Harsh Gupta have been examined by the prosecution and unfortunately for Mr.Chaudhary the victim supports the prosecution version and points accusing finger at the petitioner. Though, as per Mr.Chaudhary, the prosecution suffers from certain infirmities and though according to him the statement on oath given by Harsh Gupta is unworthy of reliance, .....

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is an Advocate. As her involvement is prima facie established (charges having already been framed under sections 364A/411/120-B), the mere fact that she belongs to what we have been regarding a noble profession is not sufficient to be weighed in her favour. 8. Mr.Chaudhary seeks bail on yet another ground. He says that remaining confined in judicial custody, the petitioner would be handicapped in de- fending herself. Why should she feel so when she is being represented and defended by a senior .....

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his defense. of course, this judgment was not referred to. The judgment which was referred to is Babu Singh v. State of U.P. MANU/SC/0059/1978MANU/SC/0059/1978 : 1978CriLJ651 . It came from the armoury of Mr.Chaudhary. It was an appeal before the Supreme Court and one of the grounds for grant of bail was that all the appellants were the entire male members of a family and all of them were in jail. As noticed, this was not the only ground. It was an additional ground. In the case in hand and as .....

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e statement so vociferously proclaimed and advocated is subject to certain very notable exceptions and Krishna Iyer J. who penned that statement underlined the same in the same breath. Lest we forget or are led astray, let us listen to what his Lordship says and that too in clear and unambiguous terms: .ls1 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or creating other troubles in the shape of repeating .....

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her today nor tomorrow. 10. At this stage what requires to be noticed would be the nature and circumstances of the offence, nature of evidence, circumstances which are peculiar to the accused, reasonable apprehension of witnesses being tampered with, a reasonable possibility of the presence of the accused at trial and larger interest of the public or the State. 11. The petitioner has been charged with and is facing trial for, offences which are grave and heinous. Three prosecution witnesses incl .....

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fact that Harsh Gupta was abducted in broad day light, and kept in confinement for ransom and the fact that the petitioner was a party to the entire sordid drama and the fact that part of ransom money was recovered from her and her father stands prima facie proved and all this surely lends credence to the apprehension voiced by Mr.Sawhney. 12. Undoubtedly, inability of the existing judicial machinery to try an accused expeditiously is known. It is also true that right of speedy trial guaranteed .....

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ercifully, in this case, there has not been any delay so far and surely, for the reasons already delineated, it is not a case of avoidable incarceration. 13. Lastly, the question posed firstly. What if Shalini Rawat is not enlarged now on bail and is acquitted later? And, in that case, what about her withered years and shattered dreams? The thought had tormented the Supreme Court too in G.Narasimhulu v. Public Prosecutor A.P. AIR 1978 SC 430. I was thus not the first. Nor, in fact, was the Supre .....

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ay in disposal of special leave petition and its becoming a persuasive ground for grant of bail, too is qualified by: "unless there are cogent grounds for acting otherwise". In short even in such cases bail is not an unqualified right. And, let us remember that what we have before us is a trial in progress and thus a situation entirely different. To say that a distant dream of ultimate acquittal should prevail and entitle the accused to bail would nullify the law of bail with regard to .....

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