1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Third Bail Application No. 8970/2009 Pokhar Vs State of Rajasthan through PP 16.3.2010 Hon'ble Mr Justice MN Bhandari Mr Ravi Shankar Sharma – for petitioner Mr Laxman Meena – PP for the State BY THE COURT: Learned counsel for the petitioner submits that co-accused Nemi Chand Chandelia and other co-accused have been enlarged on bail and case of the petitioner is not distinguishable than that of co-accused. Petitioner was simply driver of the vehicle who came with others however there exist no allegation of his participation. Petitioner was not even knowing intention of the persons sitting in the vehicle to cause occurrence. In view of aforesaid, petitioner, who is behind bars for more than one and half years, may be enlarged on bail. Learned PP, on the other hand, opposed the bail application and submits that Nemi Chand Chandelia was initially granted benefit of bail and based on that other co-accused were also granted bail. It was stated that they had not participated in the occurrence. Now as many as 17 witnesses have 2 been examined out of 46. Witness Ram Singh so as the complainant have stated that petitioner was equipped with weapons. Looking to aforesaid, petitioner is not entitled for bail. After considering rival submissions of learned counsel for parties. Without commenting on merits of the case which may affect outcome of the trial, I am of the view that petitioner is not entitled for bail however it is necessary to observe that once bail was granted to Nemi Chand other co-accused were also granted bail based on submissions made in the first case. There can be difference in the cases looking to participation of the accused and merely for the reason co-accused have been granted bail, others having participated in the occurrence, cannot be released on bail more so when a case for offence under section 302 IPC has been registered and in the manner it has been committed, I am not inclined to grant bail to the petitioner. The bail application is accordingly dismissed. However, trial court is expected to complete the trial as expeditiously as possible and if possible preferably within a period of six months from today. (MN Bhandari)J. bnsharma