Dismissed

Babu Lal v. State of Rajasthan through Pp

Rajasthan HC7 Sept 2016CRLMB/9854/2016

Case brief

AI extract

What is this about?

This is an interim bail application filed by Babulal against the dismissal of his bail plea by the Sessions Court. The High Court rejected the plea due to the high value involved and rejected claims of false implication, dismissing the bail application.

What did the court decide?

Bail application dismissed; liberty granted to move fresh bail application after recording statements.

Babu Lal Vs State of Rajasthan through Pp — Cheating and Forgery | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JAIPUR BENCH

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O R D E R

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S.B.CRIMINAL Misc. Bail Application No.9854/2016 Babulal S/o Late Girdhari Lal, by castse Daroga, R/o Kumas, presently R/o Kuhadu, Police Station Mandawa, Distt. Jhunjhunu (Raj.). Versus State of Rajasthan

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DATE OF ORDER ::::: 7/09/2016

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HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA

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Mr.Intjar Ali, for the petitioner/s. Mr.Rishiraj Singh, Public Prosecutor for State along with Mr. Uday Sing, ASI PS Mandawa, Distt. Jhunjhunu

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This bail application has been filed against the order dated 25.07.2016 passed by learned Sessions Judge, Jhunjhunu in bail application no.589/2016.

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Brief facts of the case are that an FIR bearing No. 8/2016 dated 25.01.2016 came to be lodged at Police Station Mandawa, Distt. Jhunjhunu by the complainant Ramkaran under Section 420, 406, 467, 468, 471 of I.P.C. against the accused petitioner and co-accused.

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After registration of FIR, police started investigation in the matter and found the case of 420 and 406 of I.P.C. against the petitioner and arrested the accused petitioner on 22.07.2015 and after arrest he has moved bail application under Section 439 Cr.P.C. before the learned Session Judge, Jhunjhunu and after hearing counsel for the petitioner and public prosecutor for the State dismissed the same by it's order dated 25.07.2016.

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Hence, this bail application has been preferred.

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The learned counsel for the petitioner has contended that the learned court below has passed the impugned order illegally and contrary to the provisions of code of criminal procedure. It is also contended that the petitioner has been falsely implicated in this case. In fact, there was a dispute between petitioner and complainant with regard to the ancestral land which is of civil nature. It is also contended that matter pertains to only Rs

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2,00,000/- only, alleged offence is triable by first class judicial Magistrate, trial of the case is likely to take time, hence, petitioner deserves to be enlarged on bail.

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This court has called the investigating officer of this case. Mr. Uday Singh, ASI, the investigating officer is present in person today. He has stated that the landing question is related to crores of rupees and such type of person should not be enlarged on bail. He along with public prosecutor opposed the bail application.

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I have heard learned counsel for the parties and perused the relevant matter available on record and gone through the impugned order passed by the court below.

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Accordingly, looking to the aforementioned facts and circumstances of the case, I do not think it just and proper to release the petitioner on bail. Hence, this bail application is hereby dismissed. However, a liberty is given to the petitioner to move the fresh bail application before the trial court after recording the statements of material witnesses.

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(Mahesh Chandra Sharma) J.

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sandeep/-5

Babu Lal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Babu Lal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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