Allowed

Vishal Pandit v. State

Rajasthan HC10 Jul 2017CRLMP/2183/2017

Case brief

AI extract

What is this about?

This order permits the petitioner to correct the cause title in a bail application and the subsequent bail order. The High Court grants bail to the accused for rioting and common intention offences, requiring personal and two surety bonds.

What did the court decide?

The petition is allowed; the bail order dated 10.7.2017 is modified to allow correction; the accused is released on bail with a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Vishal Pandit Vs State — Bail and Remand | Rajasthan HC (2017)

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1. HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Petition No.2183/2017

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S.B. Criminal Misc. 2^nd Bail No. 5741 / 2017

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Vishal Pandit son of Nand Kishore by Caste Valmiki, Resident of 41 Nawal Basti, Chopasni Road, Sardarpura, Jodhpur District Jodhpur. (Lodged in Central Jail, Jodhpur).

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Abhishek Sharma

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For Respondent(s) : Mr. O.P. Rathi, PP

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HON'BLE MR. JUSTICE SANDEEP MEHTA Order

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11/07/2017

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The present misc. petition has been filed on behalf of the petitioner seeking leave to permit the petitioner to correct the cause title of S.B.Cr.Misc. Bail Application No.5741/2017 and so also in the order dated 10.7.2017 passed by this Court in the above bail application, whereby the petitioner was granted bail under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that due to inadvertence, in the cause title of the bail application, the name and particulars of the petitioner have wrongly been scribed. He thus prays that the petitioner may be permitted to correct the cause title of bail application and the amended cause title of bail application may be taken on record. It is also prayed that

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(2 of 3)

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necessary correction in the order dated 10.07.2017 may also be made.

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Learned Public Prosecutor does not oppose the submissions advanced by the learned counsel for the petitioner.

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The above facts are verified from the record.

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Having regard to the overall facts and circumstances of the case, the correction sought for in the cause title of the bail application is permitted to be done. Amended cause title is taken on record.

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Consequently, the misc. Petition is allowed. Now, the order dated 10.7.2017 shall read as under:

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"HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail No. 5741 / 2017

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Vishal Pandit son of Nand Kishore by Caste Valmiki, Resident of 41 Nawal Basti, Chopasni Road, Sardarpura, Jodhpur District Jodhpur. (Lodged in Central Jail, Jodhpur).

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----Petitioner Versus State of Rajasthan ----Respondent _____________________________________________________ For Petitioner(s) : Mr. Abhishek Sharma

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For Respondent(s) : Mr. O.P. Rathi, PP

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HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

10/07/2017

(3 of 3)

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.14/2017, Police Station Nagori Gate, District Jodhpur, for the offences under Sections 147, 149, 436 and 120-B of the IPC.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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The first bail application submitted on behalf of petitioner was rejected by this Court on 17.04.2017 considering the fact that the petitioner was attributed active role in the incident. On going through the FIR, it is apparent that allegation against the present petitioner, Ajay Dharu and Tipu was of pouring kerosene on the door of the complainant’s house whereas the allegation of lighting the fire was against Vicky and Rahul @ Montu Hans. Bail application of Rahul @ Montu Hans has been accepted by this Court vide order dated 19.06.2017.

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In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

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Consequently, the second bail application is allowed. It is ordered that the accused-petitioner namely Vishal arrested in connection with F.I.R. No.14/2017, Police Station Nagori Gate, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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Sd/(SANDEEP MEHTA), J.”

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(SANDEEP MEHTA)J.

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Mamta

Vishal Pandit v. State

Case brief

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Vishal Pandit v. State

Case brief

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