Allowed

Rakesh Khatik@Bakra S/O Late Shri Madan Lal v. State of Rajasthan

Rajasthan HC3 Jun 2020CRLMB/3065/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court granted bail to the petitioner, who was already in judicial custody for another non-bailable offence. The court noted the petitioner was confined during the commission of the new alleged theft and directed disciplinary action against the Investigation Officer for the irregularities involved.

What did the court decide?

Petitioner released on bail of Rs.20,000 with one surety; DG Police directed to take disciplinary action against the concerned IO.

Rakesh Khatik@Bakra S/O Late Shri Madan Lal Vs State… — Cheating and Forgery | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3065/2020 Rakesh Khatik@bakra S/o Late Shri Madan Lal, Aged About 24 Years, R/o Plot Number 22 Tirupati Balaji Nagar, Behind Gulab Vihar, Police Station Sanganer, Jaipur (At Present Accused Confined In Central Jail Jaipur.)

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----Petitioner Versus ----Respondent

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State Of Rajasthan, Through Pp

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For Petitioner(s) : Mr. Shivraj Chauhan For Respondent(s) : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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03/06/2020

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This bail application has been filed under Section 439 CrPC in connection with FIR No. 91/2019 registered at Police Station Sanganer Sadar, District Jaipur for the offences under Section 379 of IPC.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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Learned counsel for the petitioner has produced an order sheet relating to the other case bearing No. 2502/18 has been registered against the petitioner u/s 454, 380 IPC in FIR No.287/2018.

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(2 of 3)

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[CRLMB-3065/2020]

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From the perusal of the order sheet, it is revealed that the petitioner was under judicial custody since 2018 and on the date when the concerned theft is said to be committed i.e. 31.1.2019. the petitioner was in Central Jail, Jaipur and in-spite of the same the petitioner has been made an accused in the present case of having committed theft and in the inquest note, it has been mentioned that the accused petitioner admitted of having committed theft in the house by the IO.

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Therefore, it is apparent that the Investigation Officer has wrongfully made the petitioner as an accused with the view to show that he has solved the case, apparently, the investigation is botched up and there is a delinquency on the part of the concerned IO and therefore, the DG Police is directed to take appropriate disciplinary action against the concerned IO.

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Taking into consideration of overall facts of the case and without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.

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Therefore, this bail application is allowed and it is ordered that the accused-petitioner- Rakesh Khatik @ Bakra S/O late Shri Madan Lal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he/she furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he/she shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(3 of 3)

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[CRLMB-3065/2020]

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Copy of this order be sent to the Director General of Police,

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Jaipur for doing needful.

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(SANJEEV PRAKASH SHARMA),J

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Anu /397

Rakesh Khatik@Bakra S/O Late Shri Madan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rakesh Khatik@Bakra S/O Late Shri Madan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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