The fourth bail application filed under Section 439 CrPC was rejected as the court found it not just and proper to enlarge the petitioner. The court directed the magistrates to expedite the trial within four months.
Bail application rejected; trial directed to be completed within four months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Fourth Bail No. 1781/2019
Kartar Singh S/o Premsingh B/c Jat, R/o Vill. Nagla Poonthiya, P.S. Chiksana, District Bharatpur (Raj.) (At present accused are confined in Central Jail Sewar, District Bharatpur).
----Petitioner
| State Of Rajasthan T | Versus hrough Pp ----Respondent |
|---|---|
| For Petitioner(s) | : None present |
| For Respondent(s) | : Mr. Naresh Kumar Badaya, O.S., present in person |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
15/02/2019
This fourth bail application has been filed under Section 439 CrPC in connection with FIR No.121/17 registered at Police Station Mathura Gate, Bharatpur for the offences under Sections 420, 406, 467, 468, 471 and 120-B IPC.
None appears on behalf of petitioner while Mr. Naresh Kumar Badaya, Office Superintendent of the Govt. Advocate Office is present.
It is stated that statements of four witnesses have been recorded on behalf of the prosecution.
Having perused the statements of the four witnesses but without expressing any opinion on the merits and demerits of the case, this court does not deem it just and proper to enlarge the petitioner on bail.
(2 of 2) [CRLMB-1781/2019]
Therefore, this bail application is rejected. However, the concerned Additional Chief Judicial Magistrate No.2, Bharatpur is directed to expedite the trial and complete the same within four months and day to day trial may be conducted, if required.
(SANJEEV PRAKASH SHARMA),J
Arun/24
3 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 CrPC in a case involving offences of cheating, forgery and criminal conspiracy.
Whether the high court should grant bail without expressing an opinion on the merits of the case.
Whether the trial should be expedited after the dismissal of the bail application.
1 provisions across 1 enactments
Kartar Singh
State Of Rajasthan
Sanjev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
