Allowed

Govind Singh v. State of Rajasthan through P P

Rajasthan HC4 Aug 2017CRLMB/9812/2017

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. The petitioner was charged under various IPC offences including murder. The court noted the initial delay in filing the charge-sheet and the petitioner's non-classification as a proclaimed offender, directing police to release him on bail if arrested.

What did the court decide?

The petitioner is released on bail subject to personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each upon arrest, provided he satisfies specified conditions.

Govind Singh Vs State of Rajasthan through P P — Anticipatory Bail | 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. 9812 / 2017

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Govind Singh S/o Shri Karan Singh B/c Jat, R/o Village Dahwa, Police Station Kumher, District Bharatpur, Raj.

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Anil Upman with Mr. H.R. Gurjar For Respondent(s) : Mr. Prakash Thakuriya, P.P. for State

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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04/08/2017

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Petitioner has filed this miscellaneous bail application under Section 438 Cr.P.C.

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F.I.R. No. 200/2012 registered at Police Station Kumher, District Bharatpur for offence under Sections147, 148, 149, 323, 341, 307 and 302 of I.P.C.

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It is contended by counsel for the petitioner that initially the charge-sheet was not filed against the petitioner. The matter was kept pending under Section 173 (8) of Cr.P.C.

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It is also contended that the witnesses have turned hostile.

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It is contended that the petitioner has not been declared as proclaimed offender and therefore the judgment of Lavesh vs. State of (NCT of Delhi) 2012, 1 SCC Page 730 has no applicability.

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My attention has been drawn towards the order sheet of the

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(2 of 2)

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[CRLMB-9812/2017]

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Court from which it is apparent that the petitioner has not been declared as proclaimed offender, so far in accordance with SubSection (4) of Section 82 of Cr.P.C.

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Learned Public Prosecutor has opposed the bail application.

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Considering the fact that initially the petitioner was not charge sheeted and the matter was kept pending under Section 173 (8) of Cr.P.C. also considering the other ground put forth by counsel for the petitioner, I deem it proper to allow the anticipatory bail application.

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The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kumher, District Bharatpur in F.I.R. No. 200/2012 is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions :-

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(i). that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii). that the petitioner shall not leave India without previous permission of the court.

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(PANKAJ BHANDARI)J.

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Amit/102

Govind Singh v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

Govind Singh v. State of Rajasthan through P P

Case brief

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