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Kanwar Singh Meena Vs. State of Rajasthan [16/10/12]

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[Criminal Appeal No. 1662 of 2012 arising out of Special Leave Petition (CRL.) No.155 of 2012]. The appellant is the brother of one Purna Singh Meena. On20/5/2009, he lodged a complaint in respect of murder of Purna Singh Meena("the deceased") against Khushi Ram Meena, who is respondent 2 herein and five others at Gandhi Nagar Police Station, District Jaipur City (East), which was registered under Sections 147, 148, 149, 364 and 302 of the Indian Penal Code (for short, "the IPC"). By the impugned order, the Rajasthan High Court released Khushi Ram Meena ("the accused") on bail. The appellant has challenged the said order in this appeal. The grievance of the appellant as stated by his counsel Mr. Lekh Raj Rehalia is that the High Court committed a grave error in releasing the accused on bail. According to him the High Court ignored the well established principles which guide the courts in exercise of their discretion to grant bail. It is inter alia contended that the High Court over looked extremely vital evidence collected by the investigating agency and, without assigning any reasons, it released the accused on bail. The High Court failed to notice that there is more than prima facie case against the accused and that the brother of the accused who is an IPS Officer is trying to exert pressure on the investigating officers.

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