Excelsior Correspondent
JAMMU, May 11: High Court today rejected the bail application of Rajesh Kumar Abrol (suspended Sub-Judge), who was allegedly booked by the police in a rape case.
While rejecting the bail application, Justice Janak Raj Kotwal observed, “question now arising for consideration would be whether the FIR deserves to be quashed on the touch stone of the principles applicable to the exercise of inherent jurisdiction of this court under section 561-A of the Code. This question would have to be considered in light of and having regard to the record/material produced by the prosecution before the trial court in the charge sheet filed against the petitioner”.
“In effect the range of consideration would be whether the material placed on record of the case by the prosecution makes out a prima facie case for proceeding against the petitioner for commission of any offence. Such a task, however, is to be performed by the trial court also while according consideration to the question of framing charge against the petitioner. At this stage, therefore, matter need not be considered by this court in exercise of inherent jurisdiction and the task should be left to the trial court”, Justice Kotwal said.
High Court directed trial court to hear the parties on the question of charge, preferably on the next date and pass order on merits of the case. “Needless to say, it shall be open for the petitioner to apply for bail afresh after question relating to framing of charge is decided, if he is so advised”, Justice Kotwal said.
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