Partly allowed

Dataram v. State of Rajasthan and Anr.

Rajasthan HC1 Feb 2018CRLBC/148/2017

Case brief

AI extract

What is this about?

In a bail cancellation petition under Section 439(2) CrPC, the High Court held that the Trial Court lacked jurisdiction to grant bail after the High Court had rejected it thrice on merits. The bail granted by the Trial Court was consequently quashed and the accused was directed to be arrested.

What did the court decide?

Bail granted by the Trial Court to Respondent No.2 was rejected, and the Trial Court was directed to ensure his arrest.

Dataram Vs State of Rajasthan and Anr. — Cheating and Forgery | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Bail Cancellation No. 148 / 2017

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Dataram S/o Shri Gyarsiram B/c Gurjer, R/o Mohalla Bada Bas Ward No.24, Kotputli, Jaipur, Raj.

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----Petitioner

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Versus

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State of Rajasthan Through PP.

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Tara Chand Sharma S/o Shri Banwarilal B/c Brahmin, R/o Keshupura Chamatkareshwar Mahadev Mandir Ajmer Road, Presently Plot No.12A, Ratnavali Colony Poultry Farm, Agra Road Police Station Kanota, District Jaipur, Raj.

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----Respondents

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_____________________________________________________ For Petitioner-complainant : Mr.Manish Gupta

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For Respondent(s) : Mr.Sudesh Saini,PP

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For accused-respondent : Mr.Dhanna Ram

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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01/02/2018

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Complainant-Petitioner has filed this application for cancellation of bail under Section 439 (2) of Cr.P.C.

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F.I.R. No.30/2014 was registered at Police Station JDA, Jaipur for offence under Sections 420, 467, 468, 471, 120B I.P.C.

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It is contended by the petitioner that bail of respondent No.2 was rejected by the High Court. The last bail was rejected on 30.3.2017. Trial Court while granting bail to respondent No.2 has not mentioned a line about rejection of bail of respondent No.2 thrice by the High Court and has given bail only on the ground that witnesses have not been examined and that respondent No.2 is suffering from diabetes and blood-pressure.

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(2 of 3)

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[CRLBC-148/2017]

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Counsel for respondent No.2 has opposed the application for cancellation of bail. His contention is that he is in custody from last 15 months. Charges were read over to petitioner on 13.12.2016. Petitioner was also granted interim bail from 29.04.2017 to 28.05.2017 and from 27.05.2017 to 10.06.2017 and he has not misused the liberty of bail. It is also contended that petitioner has been given benefit of bail in other connected cases by High Court and Court has not committed illegality in granting bail to respondent No.2. It is also contended that mother of respondent No.2 is aged and there is no one to look after her.

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I have considered the contentions.

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Considering the contention of counsel for the petitioner as also the fact that the Court below has not taken note of the fact that bail application of respondent No.2 was rejected thrice by the High Court on merits and last rejection was on 30.3.2017. There was no occasion for the Court below to have entertained the bail once there was rejection by the High Court on three occasions. It would have been proper for the Court below to reject the bail and let the respondent No.2 to approach the High with the changed circumstances.

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In view of the same, application for cancellation of bail is allowed. Bail granted by the Court below to respondent No.2 is rejected. Trial Court is directed to ensure that the respondent No.2 is arrested.

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(PANKAJ BHANDARI), J.

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teekam/1

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(3 of 3)

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[CRLBC-148/2017]

Dataram v. State of Rajasthan and Anr.

Case brief

What is this about?

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Dataram v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

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