Allowed

Mangilal v. State

Rajasthan HC5 Aug 2020CRLMB/3241/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to multiple petitioners under Section 438 Cr.P.C. apprehending arrest in FIRs registered against them for offences under the Prevention of Corruption Act and the Indian Penal Code, noting that co-accused had previously been granted bail.

What did the court decide?

Petitioners directed to be released on bail on furnishing a personal bond of Rs. 50,000/- along with two sureties of Rs. 25,000/- each.

Mangilal Vs State — Corruption | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

¶2

¶3

S.B. Criminal Misc. Bail Application No. 3237/2020.

¶4

Mangi Bai W/o Sh. Dhanna Ji Gameti, Aged About 50 Years, Bodo Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.1, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶5

----Petitioner

¶6

Versus

¶7

State, Through Pp

¶8

Sh. Kalu S/o Lakhma Ji Gameti, Aged About 45 Years, Mero Ka Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.3, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶9

Sh. Gamer Lal, Aged About 51 Years, Pratappura,, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No. 8, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶10

----Respondents

¶11

Connected With

¶12

S.B. Criminal Misc. Bail Application No. 3226/2020.

¶13

Mangi Bai W/o Sh. Dhann Ji Gameti, Aged About 50 Years, Bodo Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.1, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶14

Sh. Kalu S/o Lakhma Ji Gameti, Aged About 45 Years, Mero Ka Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.3, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶15

Sh. Gamer Lal S/o Sh. Pema Ji Gameti, Aged About 51 Years, Pratappura,, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No. 8, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

----Petitioners

Versus

State, Through Pp

----Respondent

(2 of 5)

[CRLMB-3237/2020]

S.B. Criminal Misc. Bail Application No. 3229/2020.

----Petitioner

Versus

State, Through PP

¶27

Sh. Kalu S/o Lakhma Ji Gameti, Aged About 45 Years, Mero Ka Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.3, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶28

Sh. Gamer Lal S/o Sh. Pema Ji Gameti, Aged About 51 Years, Pratappura,, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No. 8, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶29

----Respondents

¶30

S.B. Criminal Misc. Bail Application No. 3231/2020.

¶31

Mangilal S/o Sh. Vakta Ji Gayari, Aged About 45 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

¶32

Nathulal S/o Sh. Vakta Ji Gayari, Aged About 47 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

----Petitioners

Versus

State, Through PP

----Respondent

S.B. Criminal Misc. Bail Application No. 3235/2020.

¶38

Mangilal S/o Sh. Vakta Ji Gayari, Aged About 45 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

¶39

Nathulal S/o Sh. Vakta Ji Gayari, Aged About 47 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

----Petitioners

Versus

State, Through PP

----Respondent

(3 of 5)

[CRLMB-3237/2020]

S.B. Criminal Misc. Bail Application No. 3236/2020.

----Petitioner

Versus

State, Through PP

¶51

Sh. Kalu S/o Lakhma Ji Gameti, Aged About 45 Years, Mero Ka Guda, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No.3, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶52

Sh. Gamer Lal S/o Sh. Pema Ji Gameti, Aged About 51 Years, Pratappura,, Tehsil Badgaon, District Udaipur, The Than Ward Panch Ward No. 8, Village Panchayat Amberi, Panchayat Samiti Badgaon, District Udaipur (Raj.).

¶53

----Respondents

¶54

S.B. Criminal Misc. Bail Application No. 3241/2020.

¶55

Mangilal S/o Sh. Vakta Ji Gayari, Aged About 45 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

¶56

Nathulal S/o Sh. Vakta Ji Gayari, Aged About 47 Years, Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

¶57

----Petitioners

¶58

Versus

¶59

State, Through PP ----Respondent

¶60

S.B. Criminal Misc. Bail Application No. 3478/2020.

¶61

Mangilal S/o Sh. Vakta Ji Gayari, Aged About 45 Years, R/o Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

¶62

Nathulal S/o Sh. Vakta Ji Gayari, Aged About 47 Years, R/ o Auto Ka Guda, Tehsil Badgaon, District Udaipur (Raj.).

----Petitioners

Versus

State, Through PP

----Respondent

(4 of 5)

[CRLMB-3237/2020]

For Petitioner(s) : Mr. Harish Purohit through VC. For Respondent(s) : Mr. Anda Ram Choudhary, PP.

¶70

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

¶71

Order

¶72

05/08/2020

¶73

In wake of onslaught of COVID-19, as an abundant caution, hearing of the cases shall be only through video conferencing.

¶74

All these anticipatory bail application have been filed by the petitioners apprehending their arrest in connection with different First Information Reports (FIRs) registered at ACB Chowki, Udaipur for the offences punishable under the provisions of Prevention of Corruption Act and Indian Penal Code.

¶75

Learned counsel for the petitioners appearing through video calling stated that the co-accused persons, namely, Mangilal S/o Vkta Ji Gayari & Nathulal have already been granted the benefit of bail under Section 438 Cr.P.C. by this Court vide order dated 04.05.2020 (Bail Application No. 3238/2020 ) and other coaccused persons, namely, Smt. Magni Bai W/o Dhanna Ji Gameti, Kalu S/o Lakhma Ji Gameti & Gamer Lal S/o Pema Ji Gameti by this Court vide dated 04.05.2020 (Bail Application No. 3240/2020 ), therefore, learned counsel for the petitioners prayed that the benefit of anticipatory bail may be granted to the present accused-petitioners.

¶76

Learned Public Prosecutor, while opposing these anticipatory bail applications of the accused-petitioners, is not in a position to controvert the above submissions advanced by the learned counsel for the petitioners.

¶77

(5 of 5)

¶78

[CRLMB-3237/2020]

¶79

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

¶80

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C.

¶81

Accordingly, all the eight bail applications moved under Section 438 Cr.P.C. on behalf of the accused-petitiners are allowed and it is directed that in the event of arrest of accusedpetitioners, as named in each bail application, in connection with different First Information Reports (FIRs) registered at the ACB Chowki, Udaipur, the petitioners shall be released on bail provided erach of them furnish a personal bond in the sum of Rs. 50,000/along with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

¶82

(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required;

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(ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

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(iii). that the petitioners shall not leave India without previous permission of the Court.

¶85

A copy of this order be placed in each file.

¶86

(DEVENDRA KACHHAWAHA),J

¶87

56-63-Mohan/-

Mangilal v. State

Case brief

What is this about?

What did the court decide?

Mangilal v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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