FATEH SINGH & ANR.

VERSUS STATE OF RAJASTHAN

{SLP (CRL) NO. ___ OF 2020}

SYNOPSIS-

The present special leave petition has been preferred under 136 of The Constitution of India. It
has been filed against the impugned judgment and final order dated 08.06.2020 passed by The
Hon’ble High Court of Judicature for Rajasthan, bench at Jaipur, in S.B. Criminal Miscellaneous
Bail Petition No. 5603/2020 wherein and whereby The Hon’ble High Court dismissed the Bail
Application of the Petitioner.

LIST OF DATES-

20.04.2020- Due to personal enmity amongst the villagers an FIR came to lodged on 20.04.2020
(i.e. during lockdown due to COVID-19) against the petitioners alleging use of firearm against
complainant’s son for a dispute. [ANNEXURE P/1 (Pgs. 12 – 15)]
05.05.2020- Petitioners were taken into custody. They have been in jail since then.
03.06.2020- In a slip shod manner and against Charge Sheet has been presented against the
petitioners u/s 307, 323, 341 and 34 of IPC read with Section 3/25 of the Arms Act, 1959 on
03.06.2020. That there are around 18 prosecution witnesses and the trial is likely to take some
time. [ANNEXURE P/2 (Pgs. 16 – 25)]
26.05.2020- Bail was rejected by the Trial Court.
__.06.2020- Petitioners approached The Hon’ble High Court. [ANNEXURE P/3 (Pgs. 23 – 28)]
08.06.2020- The Hon’ble High Court dismissed the Bail Application (S.B. Criminal Miscellaneous
Bail Petition No. 5603/2020) of the petitioner.
11.06.2020- Hence, the instant Special Leave Petition.

1|Page
GROUNDS-

 That there is no mention of the FIR, no mention of the allegations, no mention of the
submissions made by the petitioners and no reasons recorded.
 That the Bail Application of the Petitioner was rejected solely on the basis of opinion of
medical jurists which still remains to be proved. Further no reasons have been given for
rejection of bail.
 That bail is the rule and jail is an exception. In present facts, bail ought to have been
granted pending trial to the accused petitioners.
 That a 2 mm injury cannot be grievous in nature at all. This gets also concreted from the
fact that the alleged victim came to be discharged from the hospital the very next day.
The bullets fired from the recovery shown of a 12-Bore gun will not cause wounds of
size of 2mm.
 That the Petitioners have no previous criminal antecedents.
 That the entire prosecution case is malicious and false. There is no custodial
interrogation required to be done from the petitioner.
 That the FIR has been filed against the petitioner on the basis of mere facts and
allegations, with no sufficient proof to prove the same.
 That the charges have not yet been framed and due to the current pandemic situation,
Trial is likely to take time to be completed.

HIMANSHI JAIN

2|Page