In bail application under Section 439 Cr.P.C., this Court rejected the plea considering 12 pending similar criminal cases and criminal antecedents, holding no case made out for bail at this stage.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2329/2020
Joni S/o Harchanda B/c Bawariya, R/o Ghaghot Ps Chaant Dist. Palwal Hariyana (At Present In Dist. Jail Sikar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Rajesh Kumar Sharma (through jitsi meet) For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
08/05/2020
This Criminal Misc. Bail Application has been preferred by the accused-petitioner under Section 439 Cr.P.C. in connection with FIR No.785/2019 registered at Police Station Udhyog Nagar, Sikar, District Sikar (Raj.) for the offence under Sections 420, 379 IPC.
Heard learned counsel for the petitioner through Jitsi Meet. It has been contended that the charge-sheet has been filed in this case. Co-accused Beant S/o Basant Bawariya has been released on bail by a Co-ordinate Bench of this Court vide order dated 14.02.2020 passed in S.B. Criminal Misc. Bail Application No.341/2020. He has also submitted that though 12 other criminal cases have been shown as pending against the accused-petitioner but reasonable conditions may be imposed upon the accusedpetitioner as completion of the trial will take time.
(2 of 2)
[CRLMB-2329/2020]
Learned Public Prosecutor has opposed the bail application and has submitted that there are 12 other criminal cases pending against the accused-petitioner in different police stations of different states and all these cases are of similar nature, registered under Sections 420, 379 IPC. Criminal antecedents of the accuse-petitioner have been submitted which may be placed on record. The list of other pending cases shown as pending against the accused-petitioner have been registered in different police stations of different states.
On consideration of arguments submitted by both the parties and perusal of the material available on record, looking to the facts and circumstances of the case and particularly to the fact that there are 12 other criminal cases of similar nature pending against the accused-petitioner, no case of bail is made out at this stage.
Hence, this bail application under Section 439 Cr.P.C. is hereby rejected.
(MANOJ KUMAR VYAS),J
Arun/12
2 issues framed by the court
Whether bail should be granted to the accused-petitioner who has 12 other pending criminal cases of similar nature.
Whether the filing of charge-sheet and scanning conditions suffice to grant bail in view of criminal antecedents.
1 provisions across 1 enactments
Joni S/o Harchanda Bawariya
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
