High Court allowed regular bail under Section 439 CrPC for petitioner accused of cheating, ordering admission subject to Trial Court satisfaction without commenting on 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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 989/2019
Dharmendra S/o Chhitarmal Saini B/c Mali, Aged About 36 Years, R/o Village Ramsinghpura Tan Shishyu, Police Station Ranoli, District Sikar Raj.
(At Present Petitioner Is Confined In Distt. Jail Sikar)
----Petitioner
Versus
State of Rajasthan Through PP
----Respondent
For Petitioner : Mr. Hari Ram on behalf of the petitioner
HON'BLE MRS. JUSTICE SABINA Judgment
20/02/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.0217/2018 registered at Police Station Ranoli, District Sikar for offences under Sections 420, 406 Indian Penal code, 1860.
As per the prosecution story, petitioner had taken, in all, Rupees seven lacs and fifty thousand from the victims on the pretext of sending them abroad.
Mr. Hari Ram has submitted that the petitioner is in custody since 17.12.2018. Challan has already been presented in the court and conclusion of trial may take time. Petitioner is not involved in any other criminal case. It is a case of Magisterial trial.
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/30
1 issue framed by the court
Whether to grant regular bail in a summons-based cheating case pending magisterial trial.
1 provisions across 1 enactments
Dharmendra S/o Chhitarmal Saini
State of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
