The High Court at Jodhpur rejected an anticipatory bail application filed by the petitioner in a corruption case but directed surrender to the trial court to seek bail on the same day.
Anticipatory bail rejected; duty to consider bail application directed if petitioner surrenders by 14.01.2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15762/2019
Krishanlal Nain S/o Late Sh. Hukamaram, Aged About 66 Years, By Caste Nain, R/o C-51, Engineers Colony, Mansarovar, Jaipur, the Then Executive Engineer, Jal Sansadhan, South Block, Sri Ganganagar.
----Petitioner
Versus
State, Through P.p.
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : Mr. Umesh Shrimali. |
|
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/01/2020
The present application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.475/2012, Police Station- ACB, Jaipur District ACB, Sri Ganganagar for the offences under Sections 420, 120-B IPC and section 13 (1) (D), 13 (2) of P.C. Act, 1988.
Heard. Perused the material available on record.
Learned Public Prosecutor has vehemently opposed the bail application.
Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under Section 438
(2 of 2)
[CRLMB-15762/2019]
Cr.P.C. to the petitioner. Accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is hereby rejected.
However, it is submitted on behalf of the petitioner that petitioner is ready to surrender before the concerned court, which may consider his bail application on the same day.
Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner Krishan Lal Nain S/o late Shri Hukmaram surrenders before the trial Court on or before 14.01.2020 and file a bail application there, the Court concerned shall consider his bail application preferably on the same day in accordance with law.
(VINIT KUMAR MATHUR),J
Anil Singh/ 107-/-
2 issues framed by the court
Whether anticipatory bail should be extended to the petitioner apprehending arrest in a corruption offence.
Whether the petitioner can surrender to obtain bail consideration on the same day.
3 provisions across 3 enactments
Krishanlal Nain
State
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vinit Kumar Mathur
