Whether the court should release the accused on bail on the ground of a change of circumstances on mere examination of aggrieved after the rejection of earlier bail application?

 The documents already taken note by this Court

indicates that there is prima facie material against the

respondent No. 2. Though the appellant herein, i.e., the

wife of the deceased has been examined and a contention

has been put forth with regard to her statement, it is not

the evidence in its entirety and it is premature to

conclude on the basis of a stray sentence. Further,

merely classifying the appellant as the principal star

witness and referring to her statement is of no

consequence since the entire evidence will have to be

assessed by the Sessions Court before arriving at a

conclusion. If that be the position when this Court at an

earlier instance had taken note of all aspects and had

arrived at the conclusion that there is prima facie

material against the respondent No. 2, the mere

examination of the appellant herein cannot be considered

as a change in circumstance for the High Court to

consider the fourth bail application of the respondent No.

2 and enlarge him on bail. {Para 7}

NONREPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 586 OF 2021

Mamta Nair Vs  State of Rajasthan 

Dated: July 12, 2021

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