Allowed

Abhishek Joshi S/O Ahsok Joshi v. State of Rajasthan

Rajasthan HC15 May 2020CRLMB/4254/2020

Case brief

AI extract

What is this about?

Single judge allowed the 5th bail application of the petitioner in a cheating and money laundering case. Relying on the release of co-accused in related proceedings and the prolonged trial due to low witness examination, the court granted bail with standard conditions under Section 439 Cr.P.C.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. with personal bond of Rs. 1,00,000/- and two sureties, subject to conditions under Section 437(3) Cr.P.C.

Abhishek Joshi S/O Ahsok Joshi Vs State of Rajasthan — Money Laundering | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Vth Bail Application No.4254/2020

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Abhishek Joshi S/o Ahsok Joshi, Aged About 26 Years, R/o 8/30 East Patel Nagar, Delhi, (Presently Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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15/05/2020

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This 5^th bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.1472/2016 registered at Police Station, Kotwali District Alwar, for offence under Section(s) 420, 409, 467, 468, 471 and 120-B IPC and Section 66-C and 66-D of the Information and Technology Act.

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Learned counsel for the petitioner submits that the coaccused as well as the petitioner have been granted bail by the Co-ordinate Bench yesterday i.e. 14.5.2020 in the case registered against them under the Money Laundering Act. Learned counsel submits that the petitioner is in jail for last 3 and a half years and the amount alleged to have been embezzled has already been recovered from the accused.

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Learned counsel submits that the Supreme Court had observed in its order dated 13.5.2019 in Special Leave to Appeal

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(2 of 3)

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[CRLMB-4254/2020]

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(Crl.) No(s). 1207/2019; Abhishek Joshi Versus State of Rajasthan that if the main witness’ examination is not completed within a period of 6 months, the petitioner shall be free to move bail application. Learned counsel submits that out of 169 witnesses to be examined in the present case, only 23 witnesses have been examined and on account of pandemic COVID-19, the trial is likely to take further more time.

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Learned Public Prosecutor has opposed the bail application.

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I have considered the submissions and perused the order passed by the Co-ordinate Bench. The case of the petitioner was treated to be similar to that of Mridul Joshi by this court while rejecting his bail application earlier. Mridul Joshi has been granted bail by the Co-ordinate Bench vide its order dated 3.12.2019. This court however rejected the petitioner’s 4^th bail application as the other co-accused were absconding in the money laundering cases and therefore the bail application was rejected. Now, the bail has also been granted to all the accused in the money laundering cases by Co-ordinate Bench.

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Keeping in view the aforesaid facts and also taking into consideration that trial is likely to take long time and only 23 witnesses have been examined out of 169, I deem it just and proper to enlarge the petitioner on bail with condition that the petitioner shall not leave the headquarters without prior permission from the concerned trial court.

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Therefore, this 5^th bail application is allowed and it is ordered that the accused-petitioner-Abhishek Joshi S/o Ahsok Joshi be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR provided he furnishes a personal bond of Rs.1,00,000/- with two sureties in the like amount to the

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(3 of 3)

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[CRLMB-4254/2020]

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satisfaction of the concerned Magistrate with the stipulation that they shall comply with all the conditions laid down under Section 437 (3) Cr.P.C.

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(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /2

Abhishek Joshi S/O Ahsok Joshi v. State of Rajasthan

Case brief

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Abhishek Joshi S/O Ahsok Joshi v. State of Rajasthan

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