The High Court of Rajasthan entertained a bail petition under Section 439 CrPC for offences of cheating and forgery. Describing the case as one of version and cross-versions pending magisterial trial, the court granted bail without expressing an opinion on merits.
Petitioner admitted to regular bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 6628 / 2017
Kishor Meel S/o Shri Rugharam Meel B/c Jat, Aged About 50 Years, R/o Rad Ki Dhani, Police Station Dantaramgarh, District Sikar, At Present Todi Nagar, Behind Stadium, Sikar, Raj. (At Present Confined in District Jail, Sikar).
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Vinay Poonia For Respondent(s) : Mr. Rishi Raj Singh Rathore-P.P.
HON'BLE MRS. JUSTICE SABINA
Order
18/05/2017
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 652/2009 registered at Police Station Kotwali, Distt. Sikar, for offences under Sections 420, 467, 468, 471, 120-B of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that it is a case of version and cross version. Petitioner is in custody since 25.03.2017. Challan has already been presented in the Court and conclusion of trial may take time. It is a case of magisterial trial. As per the prosecution story, accused had prepared a forged agreement to sell.
Learned State Counsel on the other hand has opposed the petition.
(2 of 2)
[CRLMB-6628/2017]
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Sudha/69
2 issues framed by the court
Whether the petitioner is eligible for regular bail under Section 439 CrPC considering the magisterial trial and cross-versions.
Whether it would be just and expedient to order the release of the petitioner on bail.
1 provisions across 1 enactments
Kishor Meel
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
