The High Court allowed a criminal revision petition under Section 482 Cr.P.C. modifying a bail order by relaxing the condition for immediate passport deposit in a matrimonial dispute, directing submission within 30 days.
Bail order modified; passport submission condition relaxed to be submitted within 30 days; lower court to act accordingly.
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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[CRLMP-59/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 59/2019
Sukhwinder Singh S/o Ghukar Singh, Aged About 31 Years, B/c Kumhar Sikh, R/o Sector No. 06, Hanumangarh Junction, Tehsil And District Hanumangarh
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Narpat Singh Arha For Respondent(s) : Mr. VS Rajpurohit, PP Mr. Hansraj, SI, SHO PS Goluwala, District Hanumangarh
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/01/2019
Section 482 of Cr.P.C. claiming the following reliefs :-
“ 1. The impugned order dated 02.01.2019 passed by the learned Judicial Magistrate Pilibanga in pending case (FIR) No.298/2018 Police Station, Goluwala rejecting application of the petitioner for granting him time to submit the original passport before the learned trial court on the very day of the appearance may kindly be declared illegal and set aside.
2. That the impugned orderr dated 02.01.2019 passed by the learned Trial Court in the above mentioned case granting bail to the petitioner may kindly be modified to
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[CRLMP-59/2019]
the extent of deleting the illegal condition of producing original passport before the learned Trial court.”
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[CRLMP-59/2019]
this court into a condition that the passport shall be submitted within a period of 30 days from today. Further, whenever the passport is deposited, the learned court below shall be required to pass a reasoned order as to why the requirement of the passport in the custody in a matrimonial matter was necessary and if it is not required then it may be appropriately released. The factual report be kept on record.
(DR. PUSHPENDRA SINGH BHATI),J
114-sudheer/-
2 issues framed by the court
Whether the bail condition requiring immediate deposit of passport in a matrimonial offence can be relaxed.
Whether the petitioner can be released on bail with modified passport submission conditions.
2 provisions across 2 enactments
Sukhwinder Singh
State Of Rajasthan
Mandeep Kaur
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
