This order grants regular bail to the female petitioner, Kherunisha, in a cheating case under Sections 420 and 406 IPC, considering the prolonged trial duration and her custody status.
Released on bail during the pendency of the trial, 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.
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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur
O R D E R
S.B. Criminal Miscellaneous Bail Application No.5985 of 2016 Kherunisha Vs. State of Rajasthan
Date of Order ::: 18.05.2016
Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia
Mr. Shailesh Kr. Panwar, Counsel for the petitioner Mr. Aladeen Khan, Public Prosecutor for the State
Aforementioned application has been preferred
under Section 439 of Code of Criminal Procedure, 1973 for grant
of regular bail to the petitioner in a case arising out of First Information Report bearing No.208/2015 registered at Police Station, Sarola-kalan, District Jhalawar for offences punishable under Sections 420 and 406 of Indian Penal Code.
The learned counsel appearing for the petitioner has submitted that it is alleged that the petitioner, being posted as Peon had duped ladies of Rs.33,000/-, Rs.60,000/- & Rs.30,000/respectively. Counsel has further submitted that the petitioner is in custody from last twenty-days.
In the present case, the period of Police remand is already over and the petitioner is in judicial custody.
Considering that it is a case of magisterial trial and
the trial of the case will take a long time to conclude, this Court is of the view that continuous detention of the petitioner, who is
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a lady, as an under trial, is not warranted.
Consequently, present application is accepted and the
petitioner is ordered to be released on bail during the pendency of the trial, to the satisfaction of the trial Court.
[ Kanwaljit Singh Ahluwalia ] J.
ashok/
2 issues framed by the court
Whether the petitioner should be granted regular bail in a cheating case where she has been in judicial custody for twenty days.
Whether continued detention of the female undertrial in a magisterial trial case that will take a long time to conclude is warranted.
1 provisions across 1 enactments
Kherunisha
State of Rajasthan
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
