Allowed

Shankar Lal S/O Shri Narayan B/C Meghwal v. State of Rajasthan

Rajasthan HC12 Sept 2018SOSA/1091/2018

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by a petitioner who was absent during the execution of a bailable warrant. The court accepted that his absence to earn livelihood was a bonafide error and ordered his release on a personal bond.

What did the court decide?

Petitioner released on bail with a personal bond of Rs.50,000/ and one surety of the same amount to appear on hearing dates.

Shankar Lal S/O Shri Narayan B/C Meghwal Vs State of… — Bail and Remand | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. CRIMINAL MISC. BAIL APPLICATION No.1091/2018

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D.B. Criminal Appeal No. 1436/2017

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Shankar Lal S/o Shri Narayan, aged 48 years, B/c Meghwal, R/o Bhadsia, P. S. Peelwa, District Nagour, Rajasthan.

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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

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For Petitioner : Mr. Anil Kumar Tailor. For Respondent(s) : Mr. Alladin Khan, P. P.

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

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Order

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12/09/2018

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Heard learned counsel for the parties.

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It is stated that petitioner was not available at the time of service of bailable warrant, rather, he was out of town to earn livelihood thus could not appear pursuant to bailable warrant. He is present today pursuant to warrant of arrest and taken into custody. The prayer is to grant him bail. The petitioner undertakes to remain present before the Court as and when required. The bonafide error may accordingly be condoned.

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Learned Public Prosecutor has opposed the bail application and submits that despite execution of bailable warrant the petitioner did not appear before the Court deliberately thus bail may not be granted.

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(2 of 2)

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[CRLA-1436/2017]

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We have considered rival submissions of learned counsel for the parties.

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The perusal of the order passed by this Court on 2.7.2018 reveals that despite execution of bailable warrant the petitioner did not appear before this Court thus the warrant of arrest was issued. An application for grant of bail has been filed and the accused is present in the Court. In view of the above, we accept the application for grant of bail.

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Accordingly, the bail application is allowed.

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It is ordered that the accused-petitioner Shankar Lal S/o Shri Narayan in Sessions Case No.10/2010, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and one surety of the same amount to the satisfaction of the Deputy Registrar (Judicial) of this Court with the stipulation to appear before this Court on all dates of hearing and as and when called upon to do so.

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(DINESH CHANDRA SOMANI),J

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(M.N.BHANDARI),J

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A.Arora/-101.

Shankar Lal S/O Shri Narayan B/C Meghwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shankar Lal S/O Shri Narayan B/C Meghwal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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