Single judge bail application under Section 439 Cr.P.C. accepted. Petitioner granted regular bail in cheating case following precedent where similar bail applications were allowed, holding continued detention not warranted.
Petitioner released on bail during pendency of trial to the satisfaction of the trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 6290/2018
Uday Pathak S/o Krishnanad Pathak, B/c Brahmin , R/o Village Joky, Police Station Vosopatti, District Madhubani Bihar. At Present House No. 153, Street No. 3, Moti Nagar, Vaishali Nagar, Jaipur. At Present Confined At Centra Jail, Jaipur.
----Petitioner
Versus
State Of Rajasthan Through P.p.
----Respondent For Petitioner(s) : Mr. H.V. Nandwana For Respondent(s) : Mr. Aladeen Khan, P.P.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
06/07/2018
Instant application has been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in a case arising out of First Information Report bearing No.37/2018 registered at Police Station Vidhyakpuri Jaipur City (South) for offences punishable under Sections 420, 419, 406 read with Section 120-B of Indian penal Code.
The learned counsel appearing for the petitioner has contended that in the connected F.I.R., wherein similar allegations have been levelled, the petitioner has been granted bail vide S.B. Criminal Miscellaneous Bail Application No.5168/2018 , decided on 04.05.2018.
The order dated 04.05.2018 passed in S.B. Criminal Miscellaneous Bail Application No.5168/2018 reads as under :-
“By this common order, S.B. Criminal Miscellaneous Bail Application No. 5168/2018 instituted by Uday Pathak, S.B.
(2 of 2)
[CRLMB-6290/2018]
Criminal Miscellaneous Bail Application No. 5309/2018 preferred by Pramveer Singh and S.B. Criminal Miscellaneous Bail Application No. 5414/2018 filed by Ravikant Sharma, shall be decided together.
All the aforementioned three applications have been preferred under Section 439 Cr.P.C. for grant of regular bail to the petitioners in a case arising out of same F.I.R. No.42/2018, registered at Police Station Vidhyakpuri Jaipur City (South) for offences punishable under Sections 420, 419, 467, 468, 471, read with Section 120-B I.P.C.
The learned advocates appearing for the petitioners have submitted that it is alleged that the petitioners misused the letter-pad and seal of the Jai Club, Jaipur and placed the orders for purchase of wheat flour, pulses, sugar, edible oil, dry-fruits etc. It is further alleged that because of the fraudulent orders issued the petitioners cheated the complainant and misappropriated the above said goods worth Rs.7,75,773/-.
The ld. advocates appearing for the petitioners have contended that the petitioners are in custody since 29.01.2018. The period of Police remand is already over and the petitioners are in judicial custody. Furthermore, the charge-sheet has already been filed.
Considering the fact that it is a case of magisterial trial, the petitioners are in judicial custody, the charge-sheet has already been filed and the trial shall take a long time to conclude, this Court is of the view that continuous detention of the petitioners, as under trial is not warranted.
Consequently, the present three applications are accepted and the petitioners are ordered to be released on bail during pendency of the trial to the satisfaction of the trial Court.
Let a copy of this order be placed in the connected files.”
The learned Public Prosecutor appearing for the State could not distinguish the reasons given in the connected similar F.I.R., wherein bail was granted to the petitioner.
For the reasons stated in S.B. Criminal Miscellaneous Bail Application No.5168/2018, the present application is accepted and the petitioner is ordered to be released on bail during pendency of the trial to the satisfaction of the trial Court.
(KANWALJIT SINGH AHLUWALIA),J
ashok
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a cheating case where similar applications were previously accepted for connected F.I.R.s?
Whether continued detention of the petitioner during the trial is warranted given that he is in judicial custody and the charge-sheet is filed?
Colour shows how this judgement treated each authority
Uday PathakReferred¶13
S.B. Criminal Miscellaneous Bail Application No.5168/2018
2 provisions across 2 enactments
Uday Pathak
State Of Rajasthan
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
