Single judge allowed bail to the petitioner under Section 439 CrPC in a cheating, forgery, and forgery related offence case, finding it just and expedient despite lack of expressed opinion on merits.
Petitioner allowed 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. 8608/2018
Ramesh Kumar S/o Sh. Ladu Ram, Aged About 46 Years, R/o 129 Shiv Vihar-A, Niwaru, Police Station Kardhani, JaipurWest District Jaipur (Rajasthan) (At Present Central Jail Jaipur)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. Kailash Choudhary with Mr. Manoj Bhardwaj
For Respondent : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
06/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.321/2018 registered at Police Station Jhotwara, District Jaipur (West) for the offence under Sections 420, 467, 471, 472 Indian Penal Code, 1860 & Sections 55, 75 of Rajasthan Stamp Act, 1998.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 9.6.2018. 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, has opposed the petition and has submitted that fake stamps were recovered from the accused.
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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/4
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 CrPC considering the magisterial nature of the trial and time elapsed in custody.
3 provisions across 3 enactments
Ramesh Kumar
State of Rajasthan Through PP
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
