Allowed

Rakesh and Ors. v. State of Rajasthan through Pp

Rajasthan HC8 Jul 2016CRLMB/8108/2016

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to five petitioners (Rakesh, Shivram, Udhamdas, Banwari Lal, and Rambabu) in a magisterial trial case involving forged documents obtained from a bank, due to excessive delay and conclusion of police remand.

What did the court decide?

All three bail applications accepted; petitioners ordered to be released on bail pending trial subject to trial court satisfaction.

Rakesh and Ors. 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

O R D E R

¶4

S.B. Cr. Misc. Bail Application No.8108/2016 (Rakesh & Ors. v. State of Rajasthan)

¶5

S.B. Cr. Misc. Bail Application No.8109/2016 (Banwari Lal v. State of Rajasthan)

¶6

S.B. Cr. Misc. Bail Application No.8110/2016 (Rambabu v. State of Rajasthan)

¶7

Date of Order:08/07/2016

¶8

PRESENT

¶9

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

¶10

Mr. Anil Jain and Mr. Sumit Jain, for the petitioners. Mr. Sudesh Saini, Public Prosecutor for State.

¶11

By this common order, S.B. Criminal Misc. Bail Application No.8108/2016 preferred by Rakesh, Shivram and Udhamdas, S.B. Criminal Misc. Bail Application No.8109/2016 filed by Banwari Lal and S.B. Criminal Misc. Bail Application No.8110/2016 instituted by Rambabu, shall be decided together.

¶12

Both the applications have been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioners in a case arising out of FIR No.287/2012, registered at Police Station Nihalganj, Dholpur for offences under Sections 420, 467, 468, 471, 120B IPC.

¶13

Learned counsel for the petitioners has submitted that it is alleged that the petitioners by furnishing forged and fabricated documents had obtained loan from the bank. Learned counsel further submits that maximum loan obtained by Banwari Lal is 3,50,000/- whereas amount of loan qua other petitioners is about Rs.2,50,000/-. Learned counsel submits that petitioners are in custody since

¶14

¶15

30.4.2016.

¶16

Considering the fact that the period of police remand is already over and petitioners are in judicial custody and it is a case of magisterial trial, this court is of the view that in the facts and circumstances of the case continuous detention of the petitioners as under trial is not warranted as trial of the case will take a long time to conclude.

¶17

Consequently, all the three bail applications are accepted and the petitioners are ordered to be released on bail during pendency of the trial, to the satisfaction of the trial court.

¶18

Govind/-

¶19

All corrections made in the judgment/order have been

¶20

incorporated in the judgment/order being emailed.

¶21

Govind Sharma, P.S.

Rakesh and Ors. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Rakesh and Ors. 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

Heera Lal Vs State of Rajasthan through Pp

Bhinwa Ram Vs State of Rajasthan through Pp

Shahabuddin Vs State of Rajasthan through Pp

Abhishek Sharma Vs State of Rajasthan and Anr.

Manoj Kumar Sharma Vs State of Rajasthan and Anr.

Smt Rukmani Bai Vs State of Rajasthan and Ors.