Allowed

Shankar Khandelwal v. State of Rajasthan through Pp

Rajasthan HC9 Apr 2018CRLMB/4272/2018

Case brief

AI extract

What is this about?

Hearing bail application under Section 439 CrPC in a cheating and forgery case. Court allowed bail based on a compromise settlement where the petitioner agreed to pay damages via cheques, subject to personal bond and sureties.

What did the court decide?

Accused-petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, pending payment of cheque amounts.

Shankar Khandelwal Vs State of Rajasthan through Pp — Cheque Dishonour | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail No. 4272/2018

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Shankar Khandelwal S/o Shri Mohan Lal Khandelwal, R/o 171, Officers Campus Extension, Sirsi Road, Jaipur. (At Present Accused Confined In Central Jail Jaipur)

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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 For Petitioner(s) : Mr.Pankaj Gupta For Respondent(s) : Mr.R.R.Singh Rathore,PP For Complainant Mr.Achintya Kaushik

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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09/04/2018

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Petitioner has filed this bail application under Section 439 of Cr.P.C.

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F.I.R. No.454/2016 was registered at Police Station Ashok

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Nagar, Jaipur Metropolitan for offence under Sections 420, 406, 467, 468, 120B I.P.C.

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It is contended by the counsel for the petitioner that parties have amicably settled the dispute. Petitioner is not required for further investigation. A compromise and power of attorney has been produced in Court, the same is taken on record.

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Counsel for the complainant does not dispute the compromise. It is contended that as per compromise the petitioner has agreed to pay an amount of Rs.61,58,834/- out of which Rs.23 lacs has already been paid. Three cheques of

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(2 of 2)

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[CRLMB-4272/2018]

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Rs.12,86,278/- each would be paid in May, June & July 2018.

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Learned Public Prosecutor has opposed the bail application.

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I have considered the contentions.

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Considering the contentions put-forth by the counsel for the petitioner, I deem it proper to allow the bail application.

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This bail application is accordingly allowed in terms of compromise arrived between the parties and it is ordered that the accused-petitioner shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.

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However, it is made clear that if any of these cheque is dishonoured, bail application shall stand rejected and Court below would be free to arrest the petitioner.

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(PANKAJ BHANDARI),J

¶25

Teekam/37

Shankar Khandelwal v. State of Rajasthan through Pp

Case brief

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Shankar Khandelwal v. State of Rajasthan through Pp

Case brief

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