TaxTMI 
TaxTMI 
2021 (1) TMI 1304
X X X X Extracts X X X X
X X X X Extracts X X X X
.... application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r vide order dated 23.12.2020 wherein, reference is given to the order rejecting bail of co-accused Swaroop Singh dated 05.09.2020. In the entire text of the order, the learned Presiding Officer did not refer to the order passed by this Court on the bail application of Swaroop Singh. As per Section 439 Cr.PC., the Sessions Court as well as the High Court while considering the bail application/s o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eciding 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 s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e bail application of other accused comes up for consideration, this Court's order/s shall not only be referred to while deciding such bail application/s but shall be followed unless exceptional/distinguishable features exist. With the above observations, the instant bail application deserves to be and is hereby accepted. It is ordered that the accused-petitioners namely Khet Singh S/o Lal Singh....