Allowed

Smt Jaishree Rathore v. State

Rajasthan HC19 Jul 2019CRLMB/3885/2019

Case brief

AI extract

What is this about?

Hon'ble Justice Vijay Bishnoi granted anticipatory bail under Section 438 Cr.P.C. to the petitioner, Chairman of Municipal Board Sirohi, accused of procurement irregularities involving CCTV Cameras, subject to furnishing a personal bond and complying with specific conditions.

What did the court decide?

Anticipatory bail granted contingent upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each and complying with specified conditions.

Smt Jaishree Rathore Vs State — Labour and Industrial Disputes | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3885/2019

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Smt Jaishree Rathore W/o Sh. Arjun Singh, Aged About 47 Years, B/c Rajput , R/o Naya Bas No 2, Old N.s.p. School , Sirohi

----Petitioner

Versus

State, Through Pp

----Respondent For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. S.K. Bhati, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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19/07/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner apprehends her arrest in connection with FIR No.234/2015 of Police Station A.C.B. Chowki, Sirohi for the offence punishable under Sections 13(1)(d) and read with Section 13(2) of P.C. Act and Section 120-B of IPC.

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Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that when she was Chairman of the Municipal Board, Sirohi, she adopted wrong procedure for purchasing CCTV Cameras. It is submitted that allegation against the petitioner is to the effect that she had ordered for purchasing CCTV Cameras

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(2 of 3)

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[CRLMB-3885/2019]

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beyond powers of the Chairman of the Municipal Board and she had not obtained required permission and sanctions from the concerned authority. It is submitted that the decision of purchasing CCTV Cameras was not of the petitioner alone and it was the decision of the Municipal Board. It is also submitted that there is no allegation against the petitioner that she had received any bribe in lieu of issuing order for purchasing the CCTV Cameras.. It is submitted that she has already join the investigation and custodial interrogation is not required from her.

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Learned Public Prosecutor has opposed the bail application, however, not in a position to show any evidence from the case diary that petitioner had received any gratification in lieu of issuing order for purchasing the CCTV Cameras.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

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Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Smt Jaishree Rathore W/o Sh. Arjun Singh in FIR No.234/2015 of Police Station A.C.B. Chowki, Sirohi she shall be enlarged on bail provided she furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent

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(3 of 3)

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[CRLMB-3885/2019]

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sureities of Rs.25,000/- each to the satisfaction of the

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concerned I.O./S.H.O. on the following conditions:-

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(i) She shall make herself available for interrogation by Investigating Officer as and when required;

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(ii) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

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(iii) She shall not leave India without the previous permission of the court.

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(VIJAY BISHNOI),J

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49-Taruna/-

Smt Jaishree Rathore v. State

Case brief

What is this about?

What did the court decide?

Smt Jaishree Rathore v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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