In a bail application, the High Court granted regular bail to the petitioner, who was in custody, in a criminal trial involving cheating and forgery offences, without expressing an opinion on the merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 671/2020
Ghanshyam Singh @ Gajju S/o Sh. Gopal Singh, Aged About 35 Years, R/o House No 93 Nidhi Vihar Colony Vill. Raipur Dist. Kota (At Present Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sameer Sharma (through video conferencing) For Respondent(s) : Mr. Ganesh Saini for the State
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
18/05/2020
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.465/2018 registered at Police Station Nayapura, District Kota City for offence under Sections 420, 467, 468, 471 Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 10.11.2019. Challan has already been presented in the court and conclusion of trial may take time. Civil dispute is also pending in the Civil Court with regard to the property-in-question. It is a case of magisterial trial. Petitioner is not involved in any other criminal case.
Learned state counsel has opposed the petition.
(2 of 2)
[CRLMB-671/2020]
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA),J
Mohita /3
1 issue framed by the court
Whether the petitioner is eligible for regular bail under Section 439 CrPC.
1 provisions across 1 enactments
Ghanshyam Singh @ Gajju
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
