TMI Blog2015 (7) TMI 1388X X X X Extracts X X X X X X X X Extracts X X X X ..... ch documents along with charge sheet, however, at the same time, it is expected from the prosecution and from the Investigating Officer to place all material on record, which came in his possession during investigation. The investigation should be impartial. It should not have tendency to take the side of either party. Learned trial Court has considered all these text messages, text chats in between the prosecutrix and respondent No. 2. Merely because those were not forming part and parcel of the charge sheet, Court can not be prevented from looking to such material which was available with the Investigating Officer and for the reasons best known to the investigating agency, it does not form the part and parcel of the charge sheet. Grant or refusal of bail deals with the personal liberty - while deciding the liberty of a person, who is languishing in jail, it is appropriate on the part of the Court to consider every material brought before the Court, if its authenticity is not doubted. Further, it is not the case of the prosecution or the applicant that after releasing respondent No. 2 on bail, he has mis used the liberty. Application dismissed. - CRIMINAL APPLICATION NO. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed prior to filing of the charge sheet and its rejection was prior to the submission of the charge sheet. Learned Senior Counsel submitted that another bail application, which was granted by the learned Court below, was filed after filing of the charge sheet. He submitted that filing of the charge sheet itself is the change of circumstance. He also relied upon various Judgments. He submitted that after grant of bail, it is not reported that respondent No. 2 has mis used the liberty. 7. It is an admitted position that applicant/prosecutrix is resident of Secandarabad, whereas respondent No. 2 is resident of Aurangabad [Maharashtra]. As per prosecution both prosecutrix and respondent No.2 were Face Book friends. On 22/05/2013, prosecutrix had been to Aurangabad in connection with the marriage of her relative. It is the further case of the prosecution that at Aurangabad, prosecutrix met respondent No. 2. Sum and substance of the F.I.R. is that after having a coffee, while they were going by car, respondent No. 2 started touching private parts of the prosecutrix and also gave his private part in her hand. Though the prosecutrix resisted such obnoxious act of respondent No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gets documents relied upon by the prosecution as of right. He is thus better equipped to address the Court and invite the Court to examine the evidence after filing of the charge sheet from his point of view and to point out lacunas, if any, in the investigation, which could be fatal to the prosecution or sufficient enough to convince the Court that there exists reasonable grounds for, prima facie, believing that the applicant has not been guilty of an offence punishable with death or imprisonment for life. Until filing of the charge sheet, one of the important fact that weigh on the mind of a Judge is the continuity of investigation and whether the investigation will be hampered if the accused is set at large. However, after filing of the charge sheet, this approach changes and the Court, apart from merits of the case, requires to consider whether the accused should be continued in custody even after the investigation is over. This change, in the approach of the Court after filing of the charge sheet towards evaluating the need of keeping the accused in custody, should be termed as substantial change. It is open for the Court to take similar view which was taken while rejecting e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble with the Investigating Officer and for the reasons best known to the investigating agency, it does not form the part and parcel of the charge sheet. Grant or refusal of bail deals with the personal liberty. While dealing with this delicate issue, Court has to consider each and every aspect. No one can expect from the Court that while deciding such issue, the view of the Court should pass through narrow lane. In my view, while deciding the liberty of a person, who is languishing in jail, it is appropriate on the part of the Court to consider every material brought before the Court, if its authenticity is not doubted. In that behalf, I see no reason to brand the order passed by the learned Court below as perverse as claimed by the learned counsel for the applicant. 13. At this stage, I am reminded of the observations made by the Hon'ble Apex Court in the reported case of Dolat Ram and Ors. Vs. State of Haryana, (1995) 1 Supreme Court Cases 349. I reproduce the observations in paragraph 4 as under : Rejection of bail in a non bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cog ..... X X X X Extracts X X X X X X X X Extracts X X X X
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