Indian High Court granted regular bail to the petitioner in a cheque dishonour case pending magisterial trial under Section 439 CrPC, leaving merits undecided.
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 MISC. BAIL APPLICATION NO. 1564/2018
Jitesh Khowal S/o Late Sh. Mangal Ram, Aged About 34 Years, R/o Village Bhojyada PS Chaksu, District Jaipur, Raj., Presently Plot No.22 B, 12 Bharat Chaudharys House, Pratap Nagar, Ps Pratap Nagar, Jaipur, Raj. (At Present Confined in Central Jail, Jaipur).
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
__________________________________________ For Petitioner : Dr. Yogesh Gupta For Respondent : Mr. Rishiraj Singh Rathore, P.P.
HON'BLE MRS. JUSTICE SABINA Order
05/02/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.269/2017 registered at Police Station Vidhyadhar Nagar, District Jaipur for offence under Sections 420, 406 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that with regard to dishonour of cheque-in-question, proceedings under Section 138 of The Negotiable Instruments Act, 1881 are pending. Petitioner is in custody since 24.11.2017. Challan has already been presented in the court and conclusion of trial may take time. It is a case of Magisterial trial.
Learned State Counsel on the other hand, has opposed the petition.
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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 the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/152
1 issue framed by the court
Whether the petitioner, filing a bail application under Section 439 CrPC in a cheque dishonour case, is entitled to regular bail pending conclusion of the magisterial trial.
1 provisions across 1 enactments
Jitesh Khowal
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
