Bharat Das Vaishnav vs State Of Rajasthan ...
2023 Latest Caselaw 1050 Raj

[2023/RJJD/002452]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Writ Petition No. 82/2023

Bharat Das Vaishnav S/o Sh. Man Das, Aged About 56 Years, R/o Adarsh Nagar, Sirohi (Raj.) At Present In Central Jail, Jodhpur, Through Lalit Vaishnav S/o Sh. Bharat Das Vaishnav, Aged About 31 Years, R/o Adarsh Nagar, Sirohi (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary To The Government, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director General Of Police, Jail, Govt. Of Rajasthan Jaipur.

3. Superintendent Of Central Jail, Jodhpur.

                                                                      ----Respondents



For Petitioner(s)              :     Mr. Rajesh Shah
For Respondent(s)              :     Mr. Gaurav Singh, PP



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                      Judgment

25/01/2023

The present criminal writ petition has been preferred by the

petitioner seeking a prayer to avail temporary bail for attending

the marriage function of son of his brother-in-law, which is going

to be solemnized from 22.1.2023 to 26.1.2023.

Learned counsel appearing for the petitioner submits that the

marriage function of son of his brother-in-law has already

commenced from 22.1.2023 and the presence of the petitioner in

[2023/RJJD/002452] (2 of 3) [CRLW-82/2023]

the said function is necessary. He has also placed on record a

copy of the marriage invitation card while submitting that Article

21 of the Constitution of India envisages basic human rights and,

therefore, the petitioner may be enlarged on temporary bail for

attending the said marriage function. Learned counsel for the

petitioner places reliance upon the order dated 26.4.2022 passed

in SB Cr. Writ Petition No.166/2022 (Bharat Modi & anr Vs. State

of Rajasthan), wherein the coordinate Bench of this Court while

allowing the said writ petition, released the petitioner of that case

on temporary bail for attending the marriage function.

Per contra, learned Public Prosecutor opposed the prayer

made by the learned counsel for the petitioner and submits that

various FIRs in different districts of the Rajasthan have been

lodged against the petitioner at Police Station SoG and in some of

the FIRs challan have already been filed by the investigating

agency and some are under investigation. It is also submitted

that as per the programme narrated in the invitation card, the

function has already commenced and the petitioner being brother-

in-law is not required to attend the marriage of son of his brother-

in-law.

I have heard the learned counsel for the parties and perused

the material available on record.

Looking to the facts and circumstances and that the fact that

as per the petitioner himself number of FIRs have been lodged at

SFIO and SOG against the petitioner in different districts of the

State of Rajasthan wherein in some of the FIRs, the investigating

agency has already filed challan and in some of the FIRs, the

investigation is pending consideration, this Court is of the opinion

[2023/RJJD/002452] (3 of 3) [CRLW-82/2023]

that the petitioner's presence as the brother-in-law in the

marriage function of son of his brother-in-law, seems to be not

necessary, specially when, the function has already commenced

from 22.1.2023.

In view of the above, this Court does not find it to be a fit

case for grant of temporary bail to the petitioner.

Hence, the present criminal writ petition is dismissed.

(MADAN GOPAL VYAS),J 54-CPGoyal/-

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