Allowed

Poonamchand @ Pyush Bhati @ Pawan v. State

Rajasthan HC11 Dec 2020CRLMB/12354/2020

Case brief

AI extract

What is this about?

This order allows a bail application filed under Section 439 Cr.P.C. The High Court granted bail to the petitioner, arrested under Section 382 IPC, acknowledging his criminal antecedents but noting the one-year custody pending charge-sheet. Bail was granted subject to a personal bond and sureties.

What did the court decide?

Petitioner ordered released on bail on personal bond with two sureties, conditional on no further criminal activity in one year.

Poonamchand @ Pyush Bhati @ Pawan Vs State — Cheating and Forgery | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 12354/2020

¶3

Poonamchand @ Piyush Bhati @ Pawan S/o Shri Jagdish Nayak, Aged About 25 Years, B/c Bhil , Niwasi Bhil Basti , Kabir Nagar , P.s. Soorsagar, Jodhpur (Presently Lodged In Central Jail, Jodhpur)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)	: Mr. Premdev Snehi on VC.
For Respondent(s)	: Mr. Gaurav Singh PP for the State.

¶9

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶10

Order

¶11

11/12/2020

¶12

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

¶13

This Court perused the material available on record.

¶14

The petitioner has been arrested in connection with FIR No.358/2019 of Police Station Sardarpura, Jodhpur Metropolitan for the offence punishable under Section 382 IPC. He has preferred this bail application under Section 439 Cr.P.C.

¶15

Learned counsel for the petitioner submits that the petitioner is in custody for last about one year and the charge-sheet in this case has already been filed.

¶16

Learned Public Prosecutor opposes the bail application on the ground of serious criminal antecedents of the present petitioner.

¶17

(2 of 2)

¶18

[CRLMB-12354/2020]

¶19

While being anguished by the criminal antecedents of the present petitioner, but at the same time looking into the fact that the charge-sheet in this case has already been filed and the petitioner is in custody for last about one year and conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶20

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Poonamchand @ Piyush Bhati @ Pawan S/o Shri Jagdish Nayak shall be released on bail in connection with FIR No.358/2019 of Police Station Sardarpura, Jodhpur Metropolitan provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶21

The prosecution shall be at liberty to apply for cancellation of bail of the petitioner, in this case, if the petitioner is found to be involved in any other criminal activity within a period of one year.

¶22

(DR.PUSHPENDRA SINGH BHATI),J.

¶23

8-SKant/-

Poonamchand @ Pyush Bhati @ Pawan v. State

Case brief

What is this about?

What did the court decide?

Poonamchand @ Pyush Bhati @ Pawan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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