This Court granted bail upon surrender within 15 days to the accused-petitioner facing charges of cheating and forgery, noting the co-accused had already been granted indulgence.
Accused granted bail if he surrenders to the trial Court within 15 days.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2621/2020
Babulal S/o Surarjmal, Aged About 71 Years, R/o Gudhagopali PS Dei Dist. Bundi Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Naman Yadav For Respondent(s) : Mr.FR Meena, Public Prosecutorpresent in the Court.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
08/05/2020
Heard learned counsel for the accused-petitioner through video conferencing as well as learned Public Prosecutor, present in the Court.
The accused-petitioner has filed this bail application under Section 438 Cr.P.C. seeking anticipatory bail in FIR No.107/2016 registered at Police Station Nainwa, District Bundi for the offence under Sections 420, 467, 468, 471 and 120-B IPC.
Learned counsel for the accused-petitioner submitted that the Court below has summoned the accused-petitioner by nonbailable warrants while issuing the order of congnizance dated 7th February, 2020 for committing offence under Sections 420, 467, 468, 471 and 120-B of IPC.
(2 of 2)
[CRLMB-2621/2020]
Learned counsel submitted that the other co-accused Chotu Lal has been granted anticipatory bail by this Court while accepting his bail application No.2249/2020 vide order dated 3rd March, 2020.
Learned counsel submitted that summoning of the accusedpetitioner by arrest warrant at the first instance is not legally sustainable particularly when the negative final report was submitted by the Investigating Agency.
Learned Public Prosecutor has opposed the bail application.
This Court, considering the order passed by the trial Court for summoning the accused-petitioner by arrest warrant at first instance and further looking to the fact that the co-accused has been granted indulgence by this Court, disposes of this bail application with the direction that in case, the accused-petitioner surrenders before the trial Court within 15 (fifteen) days from today, he be released on bail subject to the satisfaction of the said Court.
(ASHOK KUMAR GAUR),J
Preeti Asopa /13
1 issue framed by the court
Whether to grant anticipatory bail after summons issuance under Section 438 Cr.P.C.
1 provisions across 1 enactments
Babulal
State Of Rajasthan
Jashoda Bai
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
