New Delhi: The Supreme Court Wednesday issued notice on a plea by a rape victim challenging a Delhi High Court order, where the high court placed the cancellation of the bail application by accused Rohit Joshi with the FIR quashing application filed by him. Rohit Joshi is the son of Mahesh Joshi, a minister in the Rajasthan government.
A bench comprising justices B R Gavai and Prashant Kumar Mishra said: “Issue notice, returnable in two weeks….. In addition to the usual mode, liberty is granted to the petitioner to serve notice through the Standing Counsel for the respondent/State”. The victim was represented by advocate Archana Pathak Dave before the apex court.
The victim’s plea contended that the high court despite observing the fact that the 'cancellation of bail' application of Joshi was 'stated to be ripe for final hearing' on January 11, 2023, discharged the matter from the category of part heard', owing to which the application is being heard by a new röster bench now.
“It is contended the Petitioner-victim and their family members have been repeatedly receiving threats from the Respondent No. 2-accused (Joshi) and their goons; and in the said light, the 'cancellation of bail' application of the Respondent-accused needs to be decided on merits at the earliest without any further delay”, said the plea.
An FIR in May 2022 was registered against Joshi on rape charges and other sections of the IPC at a police station in Delhi on the complaint of the victim. Joshi moved the high court for the quashing of this FIR and also moved an anticipatory bail application before the Additional Sessions Court, Tis Hazari, Delhi. Joshi was granted anticipatory bail, which was challenged by the Delhi government before the court of district and session judge, and this application was rejected on September 23, 2022.
The victim challenged the anticipatory bail granted to Joshi before the high court and the state government moved the high court challenging the dismissal of cancellation of bail by district and sessions judge.
The victim has claimed that merely after two days of granting anticipatory bail to Joshi, she faced a chemical attack allegedly by Joshi’s goons in Delhi and an FIR has been registered regarding this incident. The victim claimed that her brother and father were also attacked by Joshi’s goons and an FIR was registered in Jaipur.
“Therefore, in the present circumstances, considering the seriousness and sobriety of the matter at hand, the above-stated applications before the Hon'ble High Court ought to be de-tagged and the 'cancellation of bail' application with the Revision Petition challenging the 'modification of bail order of the accused need to be decided expeditiously, in the interest of justice. Hence, prayed accordingly”, said the plea.
