Rajesh Kumar v. State
Case brief
What is this about?
The High Court held that an anticipatory bail application under Section 438 Cr.P.C. is not maintainable for offences under the Rajasthan Excise Act due to Section 49(2). However, the Court directed that if the petitioner surrenders by February 11, 2020, the trial Court must consider his regular bail application on the same day.
What did the court decide?
The anticipatory bail application is rejected, but the Trial Court is directed to consider a regular bail application within two days of the petitioner's surrender.
What the court decided
A compact analysis
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1406/2020
Rajesh Kumar S/o Balvant Singh, Aged About 36 Years, By Caste Jat, R/o Chhanibadi, Tehsil Bhadra, District Hanumangarh.
----Petitioner
Versus
State of Rajasthan
----Respondent
| For Petitioner(s) | : Mr. |
Manjeet Godara |
|---|---|---|
| For Respondent(s) | : Mr. |
Laxman Solanki,PP |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/02/2020
The present application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.22/2019, Police station Excise Bhadra, District Hanumangarh for the offence under Sections 19/54 & 54 of Rajasthan Excise Act.
Issues for consideration
2 issues framed by the court
Whether an anticipatory bail application is maintainable in a case registered under the Rajasthan Excise Act.
What course of action should be taken if the petitioner surrenders before the trial court to file a bail application.
Parties & counsel
- petitioner
Rajesh Kumar
- respondent
State of Rajasthan
Coram
Vinit Kumar Mathur
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CRLMB/1406/2020
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