Rajasthan
Rajasthan HC refers matter of making victims party in bail pleas to CJ | Jaipur News

JAIPUR: A single bench of Rajasthan High Court has referred the matter of making the victim a party or not in bail applications to Chief Justice of HC Augustine George Masih.
The bench has requested the CJ to send this issue to division or larger bench for hearing so that an appropriate decision can be taken on this issue.
Justice Anil Kumar Upman gave this order on anticipatory bail petitions of Pooja Gurjar and others, accused in cases related to assault and other crimes, including attempt to culpable homicide.
The court has asked the registrar (judicial) to place the matter before the CJ so that he can constitute a division bench to decide the issue and to decide if the complainant or victim should be made a party in all bail petitions or not.
During the hearing of the case, the counsel for the petitioner and for respondent brought it to the notice of the court that in an another case, the single bench of the HC on August 8, 2023 had stated that the victim should also be made a party in all the bail petitions so that he can also present his side.
Besides, the single bench had also ordered the HC administration to issue instructions in this regard. In compliance with this, the HC administration issued an order on September 15 and directed that the victim or complainant should also be made a party in all types of bail petitions.
During the hearing, it was also added that if all the victims are made parties in the bail petitions, it will hamper the hearing of the bail petitions.
In cases involving attempt to murder and culpable homicide, there are more victims and hearing everyone’s side would delay the decision on bail petitions.
The bench has requested the CJ to send this issue to division or larger bench for hearing so that an appropriate decision can be taken on this issue.
Justice Anil Kumar Upman gave this order on anticipatory bail petitions of Pooja Gurjar and others, accused in cases related to assault and other crimes, including attempt to culpable homicide.
The court has asked the registrar (judicial) to place the matter before the CJ so that he can constitute a division bench to decide the issue and to decide if the complainant or victim should be made a party in all bail petitions or not.
During the hearing of the case, the counsel for the petitioner and for respondent brought it to the notice of the court that in an another case, the single bench of the HC on August 8, 2023 had stated that the victim should also be made a party in all the bail petitions so that he can also present his side.
Besides, the single bench had also ordered the HC administration to issue instructions in this regard. In compliance with this, the HC administration issued an order on September 15 and directed that the victim or complainant should also be made a party in all types of bail petitions.
During the hearing, it was also added that if all the victims are made parties in the bail petitions, it will hamper the hearing of the bail petitions.
In cases involving attempt to murder and culpable homicide, there are more victims and hearing everyone’s side would delay the decision on bail petitions.