In this criminal miscellaneous bail application, the High Court of Rajasthan allowed the petitioner's plea for regular bail in a corruption case, admitting him to bail subject to satisfaction of the trial court without expressing an opinion on the merits.
Petitioner admitted to 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12288/2019
Bejnath S/o Sh. Rattiram B/c Kushwah, Aged About 50 Years, R/o Harnavdashahji Tehsil Chipabarod District Baran Presently Posted As Second Grade Teacher Govt. Higher Secondary School Kachnariya Kala Tehsil Chipabarod District Baran. (Accused In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sajid Ali, Advocate For Respondent(s) : Mr. N.S. Gurjar for the State
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
24/10/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.254/2019 registered at Police Station Anti Corruption Bureau, HQ, Jaipur (ACB Chowki Baran) for offence under Section 7 & 7A of Prevention Of Corruption (Amendment) Act, 2018 & Section 120-B of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that as per the prosecution story, petitioner and his co-accused were caught red handed while accepting bribe to the tune of Rupees seven thousand. Petitioner is in custody since 21.08.2019. Challan has already been presented in the court and conclusion of trial may take time. Petitioner is not involved in any other criminal case.
(2 of 2)
[CRLMB-12288/2019]
Learned State Counsel, has opposed the petition. 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 /6
1 issue framed by the court
Whether the petitioner is entitled to regular bail in respect of offences under Sections 7, 7A of the Prevention of Corruption (Amendment) Act, 2018 and Section 120-B of the Indian Penal Code.
3 provisions across 3 enactments
Bejnath S/o Sh. Rattiram B/c Kushwah
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
