Single judge allowed bail application for petitioners accused of cheating and forgery, releasing them on bond pending trial despite prior orders rejecting similar pleas by co-accused.
Released on bail in F.I.R. No.82/2011 furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each to the satisfaction of the trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRLMB 2378/12
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.III BAIL APPLICATION NO.2378/2012 Bhuwana & Anr. Vs. State
Date of order : 12/03/2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Shailesh Kumar Panwar for the petitioners. Shri Paresh Choudhary, P.P. for the State.
Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of learned counsel for the petitioners is that second bail application of the petitioners was dismissed on 4.11.2011 on consideration of the fact that the second bail application of the co-accused Kamla Bai was rejected by the coordinate bench of this Court with liberty to apply before the court below after the statement of prosecution witnesses are recorded. The statement of PW-1 Nandu Bai was recorded by the trial and thereafter Kamla Bai has again applied for bail third time. The coordinate bench of this Court was persuaded to grant bail pending trial to her by order dated 01.03.2012 considering the fact that PW-1 Nandu Bai has not supported the prosecution story and has turned hostile and taking into account the various other documents. The main allegation is against co-accused Kamla Bai and the petitioners are merely witnesses to the execution of the sale deed. They are in jail since 18.6.2011. Challan has been filed. They would undertake to regularly appear before the court below and cooperate with early completion of the trial.
Learned Public Prosecutor has opposed the bail application.
Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail.
CRLMB 2378/12
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In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Bhuwana S/o Manna and (2) Mathura Lal S/o Ram Lal shall be released on bail in F.I.R. No.82/2011, P.S. Bakani, Distt. Jhalawar for offence u/s.420, 467, 468 of IPC to each of them furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial.
(MOHAMMAD RAFIQ), J.
RS/118
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed.
(Ravi Sharma,P.A.)
1 issue framed by the court
Whether the petitioners are entitled to be released on bail pending trial despite their previous bail applications being dismissed.
1 provisions across 1 enactments
Bhuwana
Mathura Lal
State
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
