Allowed

Smt Pyari Devi v. State

Rajasthan HC10 Apr 2018CRLMB/8131/2017

Case brief

AI extract

What is this about?

This is an anticipatory bail application filed by a petitioner apprehending arrest in a criminal case involving cheating and criminal conspiracy. The High Court, considering the petitioner's alleged illiteracy and that the husband allegedly committed the act, held it a fit case and granted bail subject to bond conditions.

What did the court decide?

Grant of anticipatory bail upon furnishing a personal bond of Rs.80,000/- along with two sureties of Rs.40,000/- each, subject to conditions of appearance and non-inducement.

Smt Pyari Devi Vs State — Cheating and Forgery | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 8131 / 2017 Smt Pyari Devi Wife of Shri Babu Lal Ji Jain, Resident of F-1, Mahaveer Nagar, Pal Link Road, Jodhpur.

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Versus

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State of Rajasthan

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For Petitioner(s) : Mr. Vineet Dave

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For Respondent(s) : Mr. Pankaj Awasthi, P.P

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For complainant Mr. K.C. Pitawat

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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10/04/2018

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This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No. 269/2017, Police Station Udai Mandir, District Jodhpur for the offences under Sections 420, 120B IPC.

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Learned counsel for the petitioner submits that petitioner is a lady and in the interrogation memo, she has clearly mentioned that she is illiterate and whatever has been done, was done by her husband Babu Lal Jain. Therefore no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.

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Learned Public Prosecutor opposed the prayer for anticipatory bail.

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(2 of 2)

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Heard the learned counsel for the parties and perused the impugned order.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

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Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Smt Pyari Devi Wife of Shri Babu Lal Ji Jain in connection with FIR No. 269/2017, Police Station Udai Mandir, Distt. Jodhpur the petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.80,000/- along with two sureties of Rs.40,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

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(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

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(iii). that the petitioner shall not leave India without previous permission of the court.

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(MANOJ KUMAR GARG)J.

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bjsh

Smt Pyari Devi v. State

Case brief

What is this about?

What did the court decide?

Smt Pyari Devi v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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