Allowed

Kamal Kumar Rathore v. State of Rajasthan through Pp

Rajasthan HC19 Jul 2016CRLMB/8664/2016

Case brief

AI extract

What is this about?

Two bail applications filed under Section 439 Cr.P.C. by individuals accused of offences under IPC Sections 420, 467, 468, 471, and 120B were accepted. The High Court ordered their release on bail pending trial, noting that continuous detention was not warranted given the expired police remand and the expected duration of the trial.

What did the court decide?

Petitioners ordered to be released on bail pending trial to the satisfaction of the trial court.

Kamal Kumar Rathore Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R

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S.B. Criminal Misc. Bail Application No. 8664/2016 Kamal Kumar Vs. State of Rajasthan S.B. Criminal Misc. Bail Application No. 8665/2016 Mahendra Prajapati Vs. State of Rajasthan

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Date of Order:- 19.07.2016

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Mr. Biri Singh Sinsinwar, Sr. Adv. Mr. Rajesh Chaudhary, for the petitioner. Mr. Aladeen Khan, Public Prosecutor for the State.

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By this common order S.B. Criminal Misc. Bail Application No. 8664/2016 preferred by Kamal Kumar Rathore and S.B. Criminal Misc. Bail Application No. 8665/2016 instituted by Mahendra Prajapati shall be decided together.

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Both the application have been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitoner in a case arising out of same FIR No. 154/2016 registered at Police Station Kotwali Baran District Baran, for offences under Sections 420, 467, 468, 471 and 120B IPC.

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During course of the arguments Shri Biri Singh Sinsinwar learned senior advocate, has submitted that the Bank account of petitioner Kamal Kumar Rathore was seized under the orders of MACT Court and petitioners allegedly by preparing fabricated letter have withdrawn an amount of Rs. 3,65,993/-. Shri Biri Singh Sinsinwar has submitted that the petitioner Kamal Kumar

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is in custody since 27.04.2016. Whereas Mahendra Prajapati is behind the bars since 05.05.2016.

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It is further submitted that in the present case, chargesheet has already been filed against the petitioners.

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

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Consequently, the present applications are accepted and

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the petitioners are ordered to be released on bail during pendency of the trial, to the satisfaction of the trial court. Copy of this order be placed in the connected file.

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(KANWALJIT SINGH AHLUWALIA)J.

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Ashwani/manish a

Kamal Kumar Rathore v. State of Rajasthan through Pp

Case brief

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Kamal Kumar Rathore v. State of Rajasthan through Pp

Case brief

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