The High Court allowed the petitioner's bail application under Section 439 CrPC in cases involving cheating and forgery, citing parity with a co-accused already granted bail and noting the petitioner's status as an attesting witness pending civil litigation.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISCELLANEOUS BAIL NO. 6284/2017
Shankar Lal Buri S/o Shri Nathu Ram Buri, R/o Village Majipura, Distt. Jaipur (raj.)
(Presently Confined in Central Jail Jaipur)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. Chain Singh Rathore For Respondent : Ms. Meenakshi Pareek, P.P.
For Complainant : Mr. Himmat Singh Bikarwar
HON'BLE MRS. JUSTICE SABINA
Order
10/5/2017
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.258/2016 registered at Police Station Banipark, District Jaipur for offence under Sections 420, 467, 468, 471 & 120-B Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that petitioner is the attesting witness to the Will in question. The Will was also subscribed by the petitioner. Co-accused Ashok Kumar Meena who has also attested the Will has been granted bail by co-ordinate Bench of this court. Petitioner is in custody since 22.4.2017. Presently petitioner is in judicial custody and is not required for further investigation. Civil litigation is also pending with regard to the Will in question.
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Learned State Counsel who is assisted by the
counsel for the complainant, on the other hand, has opposed the petition.
Keeping in view the fact that co-accused Ashok Kumar Meena has been granted bail by co-ordinate Bench of this court, on the ground of parity and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/68
3 issues framed by the court
Whether to grant regular bail to the petitioner based on parity with a co-accused.
Whether the bail application should be allowed given the petitioner's role as an attesting witness.
Whether the petitioner is required for further investigation in the criminal case.
2 provisions across 2 enactments
Shankar Lal Buri
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
