In a bail application under Section 439 CrPC for offences under Sections 420, 467, 468, and 471 IPC, the court granted regular bail despite not expressing a view on the merits of the case, subjecting the petitioners to admit the conditions of the Trial Court.
Petitioners 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 5498/2018
----Petitioners
Versus
State Of Rajasthan Through P.p.
----Respondent
For Petitioner(s) : Mr. Anil Jain For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
16/08/2018
Petitioners have filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 242/2015 registered at Police Station Kotwali Karauli, Distt. Karauli, for offences under Sections 420, 467, 468, 471 of Indian Penal Code, 1860.
Learned counsel for the petitioners has submitted that the petitioners are in custody since 20.12.2016. Challan has already been presented in the Court and conclusion of trial may take time. It is a case of magisterial trial. As per the statements of witnesses recorded during investigation, it can be said that the accused has cheated to the extent of about Rs. 1,00,000/-.
(2 of 2)
[CRLMB-5498/2018]
Learned State Counsel on the other hand has opposed the
petition.
Keeping in view the fact that the petitioners are in custody since 20.12.2016 and without expressing any opinion on merits of the case, this petition is allowed. Petitioners be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Sudha/05
3 issues framed by the court
Whether regular bail should be granted under Section 439 CrPC for accused charged under Sections 420, 467, 468, 471 IPC despite non-expression of opinion on merits.
Whether the petitioners' intent to shift to Tripura or other judicial reasons necessitate bail in a magisterial trial.
Whether bail in a case of cheque dishonour and forgery should be granted subject to Trial Court satisfaction.
1 provisions across 1 enactments
Rajveer Singh Kothiya
Rakesh Kumar Kothiya
State Of Rajasthan Through P.p.
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
