Partly allowed

Satyen Rai@Teetu v. State of Rajasthan through Pp

Rajasthan HC22 Sept 2017CRLMB/12624/2017

Case brief

AI extract

What is this about?

An application under Section 439 CrPC for regular bail was disposed of based on a compromise agreement between the petitioner and the complainant. The petitioner is granted conditional bail contingent upon monthly payments.

What did the court decide?

Petitioner granted interim bail for one month subject to deposit of Rs. 25,000/-. Extensible upon subsequent deposits. Bail conditional on compliance with payment terms for 28 months.

Satyen Rai@Teetu Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail No. 12624 / 2017

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----Petitioner

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Versus

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State of Rajasthan Through PP.

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----Respondent

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_____________________________________________________ For Petitioner(s) : Mr. Akhil Simlote For Respondent(s) : Mr. Prakash Thakuria, Public Prosecutor

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order

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22/09/2017

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Instant 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.152/2016 registered at Police Station Moti Doongri, Jaipur for offences punishable under Sections 420, 406 and 120-B of the Indian Penal Code.

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The learned counsel appearing for the petitioner has submitted that as per an agreement, the accused-petitioner had obtained Rs.6,80,000/- from the complainant on the condition that upon hospital becoming operational 10% of the profit shall be paid by the accused-petitioner to the complainant.

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Complainant – Vineet Kumar Daftry is present in person before this Court. He has been identified by Mr. Akhil Simlote, Advocate on identification made by Gauri Shankar, Advocate.

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An affidavit has been filed on the record on behalf of the complainant. As per the complainant, he has agreed to grant of conditional bail to the accused on the condition that he shall continue to

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(2 of 2)

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[CRLMB-12764/2017]

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pay Rs.25,000/- for a period of twenty-eight months.

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In view of the factum of compromise vouch-safed by the complainant, who has been identified by two advocates, the present application is disposed of with the following directions :-

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a. That the petitioner shall continue to pay Rs.25,000/per month to the complainant for a period of twenty-eight months.

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b. Upon deposit of the first installment in the trial Court, the petitioner shall be released on interim bail for a period of one month.

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C. Upon deposit of the next installment, interim bail in favour of the petitioner shall be extended from time to time.

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Thus, upon payment of Rs.25,000/- every month, bail of the petitioner shall be extended for a period of twenty-eight months.

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However, it is clarified that in case there are two consecutive defaults in payment of installments on the part of the petitioner, conditional bail granted to the accused-petitioner shall come to an end and he shall be taken into custody.

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(KANWALJIT SINGH AHLUWALIA)J.

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Ashok/

Satyen Rai@Teetu v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Satyen Rai@Teetu v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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