Allowed bail petition maintaining the accused on bail subject to Trial Court satisfaction, noting the trial delay and coaccused bail.
Petition allowed; petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 1045/2019
Roshan Lal Ahirwar S/o Shri Sitaram, B/c Chamar, Aged About 34 Years, R/o 367, Sheetala Mai Ward, Kedarnath Ka Bara, P.S. Ghamapur, Jabalpur M.P.
(At Present Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Neeraj K. Tiwari For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA Judgment
25/01/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 398/2018 registered at Police Station Christianganj, District Ajmer for offences under Sections 384, 419, 420, 120-B of Indian Penal Code, 1860 and Section 66-D of the Information and Technology Act, 2000.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 17.11.2018. Challan has already been presented in the Court and conclusion of trial may take time. So far as the petitioner is concerned, cheating alleged to have been committed by him can be said to be to the tune of Rs. 1,57,000/-. Main accused is Rahul Raj. Petitioner is not involved in any other criminal case. Coaccused have been granted bail by this court.
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Learned State Counsel, has opposed the petition, but has failed to controvert the factual aspect of the submissions
made by the learned counsel for the petitioner.
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 merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/6
1 issue framed by the court
Whether the accused is entitled to regular bail under Section 439 CrPC despite the pending conclusion of trial and the alleged cheating amount of Rs. 1,57,000/.
1 provisions across 1 enactments
Roshan Lal Ahirwar
State Of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
