Dismissed

Girdhari Lal Mourya S/O Late Shri Bhuraram B/C Raigar v. State of Rajasthan

Rajasthan HC15 Sept 2020CRLMB/3339/2020

Case brief

AI extract

What is this about?

This judgment dismissed an anticipatory bail application filed by a Ward Member accused of corruption and misuse of authority under the Prevention of Corruption Act and IPC. The court found the allegations grave and rejected the claim of political enmity to grant bail.

What did the court decide?

The anticipatory bail application was dismissed.

Girdhari Lal Mourya S/O Late Shri Bhuraram B/C Raigar Vs State… — Corruption | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3339/2020

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Girdhari Lal Mourya S/o Late Shri Bhuraram, Aged About 69 Years, R/o Ward No 2 Surajgarh Distt. Jhunjhunu Presently Ward Member Nagar Palika Surajgarh Distt. Jhunjhunu Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP.

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----Respondent

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For Petitioner(s) : Mr. Babu Lal Sharma For Respondent(s) : Mr. Riyasat Ali, PP., Mr. Anand Swami, Addl. SP, A.C.B., Churu.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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Order reserved on : 10/09/2020 Date of Pronouncement :15/09/2020

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The present anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.310/2017 registered at Police Station OP ACB Jhunjhunu, Head Police Station, Anti Corruption Bureau, Jaipur for the offence under Section 13(1)(D) read with 13 (2) of Prevention of Corruption Act, 1986 and Sections 467, 468 and 120-B of IPC.

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Counsel for the petitioner submits that the petitioner is falsely implicated in this case due to political enmity. Petitioner is a Member of Nagar Palika and he had submitted application for issuing the Patta in the year 2013. All proceeding relating to Patta, have been completed before the election and Patta was issued to him as per law. If there is any deficit, he is ready to deposit deficit amount. Learned counsel for the petitioner submits that

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(2 of 2)

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chargesheet has been filed against him, so the petitioner be enlarged on bail.

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Learned counsel for the petitioner relied upon the judgment passed by the Hon’ble Supreme Court in the case of Dataram Singh Vs. State of Uttar Pradesh and Anr., in Criminal Appeal No.227/2018 (arising out of S.L.P. (Crl.) No.151 of 2018), decided on 06.02.2018. He also placed reliance the judgment of Rajasthan High Court in the case of Yogendra Singh Meena Vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail No.2277/2018), decided on 23.02.2018.

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Learned Public Prosecutor has opposed the anticipatory bail application.

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Allegation against the petitioner is that the Patta No.380 was issued to him by Ex Chairman Suresh Kumar on 28.05.2020. At that time, Surendra Kumar was elected as a Chairman of Nagar Palika. So, Suresh Kumar had no authority to issue the Patta in capacity of Chairman in favour of petitioner. Petitioner had connivance with the Ex Chairman in issuing the said Patta. So, looking to the gravity of offence, I am not inclined to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application is dismissed.

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(NARENDRA SINGH DHADDHA),J

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Seema/11

Girdhari Lal Mourya S/O Late Shri Bhuraram B/C Raigar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Girdhari Lal Mourya S/O Late Shri Bhuraram B/C Raigar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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