Allowed

Charan Singh v. State of Rajasthan through Pp

Rajasthan HC1 Jul 2016CRLMB/7427/2016

Case brief

AI extract

What is this about?

Bail granted to accused Charan Singh under Section 439 CrPC on personal and two surety bonds of Rs.2,00,000/-, with liberty to complainant to seek cancellation if petitioner breaches given assurances regarding pending civil litigation.

What did the court decide?

Released on bail with personal bond of Rs.2,00,000/- and two surety bonds of Rs.1,00,000/- each, subject to assurances given.

Charan Singh Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2016)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

¶3

S.B. CRIMINAL MISC. BAIL APPLICATION No.7427/2016.

¶4

: : Charan Singh Vs. State of Rajasthan

¶5

: :

¶6

Date of Order : : 01/07/2016

¶7

HON'BLE MR. JUSTICE BANWARI LAL SHARMA,VJ

¶8

Mr. Nikhlesh Katara , for the petitioner. Mr. N.S. Shekhawat, Public Prosecutor for the State. Mr. Brijesh Bhardwaj for the complainant.

¶9

Heard learned counsel for the parties.

¶10

Mr. Nikhlesh Katara, learned counsel for the petitioner submits that subsequent purchaser-Ram Swaroop has filed civil suit against the present petitioner for cancellation of subsequent sale deed and after releasing on bail, petitioner shall give his written consent before the concerned Court i.e. Civil Judge (Sr. Division), Bharatpur where the civil suit is pending and shall also return the sale amount to subsequent purchaser forthwith soon after his release on bail. Petitioner is in custody since 25.3.2016 and he shall not repeat such type of offence in future. Petitioner may therefore be released on bail.

¶11

Mr. Brijesh Bhardwaj, learned counsel for the complainant though opposed the bail application, but fairly admits that if petitioner gives his consent for cancellation of subsequent sale deed in the suit filed by subsequent purchaser-Ram Swaroop before the concerned Court, then he has no objection.

¶12

Mr. N.S. Shekhawat, learned Public Prosecutor also supported the submissions of learned counsel for the complainant.

¶13

Having regard to the submissions made by learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel

¶14

¶15

for the complainant, I am inclined to allow this bail application considering the assurance given by counsel for the petitioner. The bail application filed under Section 439 Cr.P.C. is therefore allowed.

¶16

It is ordered that the accused-petitioner Charan Singh S/o Shri Kadheru in F.I.R. No.869/2015, registered at Police Station Mathura Gate, District Bharatpur, shall be released on bail; provided he furnishes a personal bond of Rs.2,00,000/- and two surety bonds of Rs.1,00,000/each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. However, complainant / prosecution will have liberty to file application for cancellation of bail, if petitioner deviates from his assurance given to this Court during course of arguments.

¶17

(BANWARI LAL SHARMA),VJ.

¶18

RS/115

¶19

All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma, Sr.P.A.)

Charan Singh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Charan Singh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Kamlesh Meena @ Ramkala and Ors. Vs State of Rajasthan through Pp

Dharmendra Singh @ Chotu Singh Vs State of Rajasthan through Pp

Kamla @ Ganga Vs State of Rajasthan through Pp

Shambhu Vs State of Rajasthan through Pp

Dinesh Kumar Saini Vs State of Rajasthan through Pp

Smt Koyali Devi Vs State of Rajasthan through Pp