Allowed

Dilip Tanwar S/O Shri Rajkumar Tanwar v. State of Rajasthan

Rajasthan HC14 Oct 2020CRLMB/8364/2020

Case brief

AI extract

What is this about?

This order grants regular bail to the petitioner in a money laundering case under Section 439 Cr.P.C., deeming it just and proper due to parity treatment given to other co-accused, provided the petitioner complies with stipulated bond and surety conditions.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each, contingent upon compliance with compliance with terms of bond and appearance before the trial court.

Dilip Tanwar S/O Shri Rajkumar Tanwar Vs State of Rajasthan — Rajasthan HC (2020) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 8364/2020

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Dilip Tanwar S/o Shri Rajkumar Tanwar, Resident Of Tanwar Villa, 36, Vardhman Nagar -B, Ajmer Road, Jaipur -302019

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Public Prosecutor 2. Vivek Srivastav, Assistant Director, Enforcement Directorate, Jaipur Regional Office, Jaipur 2Nd Floor, Jeevan Nidhi-Iind, Jeevan Bima Nigam Building Bhawani Singh Road, Jaipur - 302005

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----Respondents

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For Petitioner(s)	:	Mr. Rajesh Goswami, Advocate (through Video Conferencing)
For Respondent(s)	:	Mr. Riyasat Ali, PP
For Complainant	:	Mr. Anand Sharma, Advocate (through Video Conferencing)

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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14/10/2020

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This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with Session Case No.04/2018 (arising out of criminal complaint No.03/2016) for offence under Section 3/4 of the Prevention of Money Laundering Act pending before Special Sessions Court (Dhan Shodhan Nivaran Adhiniyam 2002/Special Court, Communal Riots Cases) Jaipur Metropolitan, Jaipur.

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It has been submitted on behalf of the petitioner that he is behind the bars for more than two months. The allegations against the petitioner are under Sections 3 and 4 of Prevention of Money Laundering Act, 2002. Complaint has already been filed in the

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(2 of 3) [CRLMB-8364/2020]

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learned trial Court. All other co-accused including main accused Narendra Tanwar have been granted bail by Co-ordinate Bench of this Court. Apart from co-accused Narendra Tanwar other coaccused Manju Tanwar, Rajpal Tanwar, Rajkumar Tanwar, Lekhraj Tanwar, Vimla Tanwar and Mitali Tanwar have already been granted bail by Co-ordinate Benches of this Court. Co-accused Manju Tanwar has been granted bail under Section 438 Cr.P.C. while other co-accused persons granted bail under Section 439 Cr.P.C. Hence, on the ground of parity, accused-petitioner is also entitled to the benefit of bail because his matter is not different from the matter of other co-accused, who is also granted bail including the main accused Narendra Tanwar.

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Learned counsel for the complainant appearing for the respondent No.2 and learned Public Prosecutor have opposed the bail application and it has been argued that petitioner is not on parity with other co-accused persons, who have already been granted bail by Co-ordinate Benches of this Court. It is submitted that cognizance was taken against accused persons on 05.05.2018 against which criminal writ petition was preferred in Hon’ble High Court which came to be decided on 23.05.2019. In the same petition, another relief was prayed for to convert arrest warrant into bailable warrant. This prayer was allowed and all accused persons were directed to surrender before the learned trial Court on 05.07.2019. They were granted liberty to move regular bail application before the learned trial Court. All other co-accused persons surrendered as per the directions of Hon’ble High Court but present petitioner did not comply with this order and he surrendered before the learned trial Court on 20.07.2020. Bail is

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(3 of 3)

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[CRLMB-8364/2020]

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an equitable remedy which cannot be granted to the petitioner because he has not complied with the directions of this Court and delayed his appearance before the trial Court for one year.

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Perused the record of the case. On consideration of contentions put-forth by the parties, looking to the overall facts and circumstances of the case and particularly to the fact that other co-accused persons have already been granted bail by Coordinate Benches of this Court including the main accused Narendra Tanwar. This Court deems it just and proper to allow the bail application.

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Therefore, this bail application is allowed. Accused-petitioner Dilip Tanwar S/o Shri Rajkumar Tanwar shall be released on bail in Sessions Case No.04/2018 (arising out of criminal complaint No.03/2016) pending before Special Sessions Court (Dhan Shodhan Nivaran Adhiniyam 2002/Special Court, Communal Riots Cases) Jaipur Metropolitan, Jaipur, if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (One Lakh) together with two sureties in the sum of Rs.50,000/- (Fifty Thousand) each to the satisfaction of learned trial court with the stipulation that he shall appear before that Court or any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(MANOJ KUMAR VYAS),J

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Arun/5

Dilip Tanwar S/O Shri Rajkumar Tanwar v. State of Rajasthan

Case brief

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Dilip Tanwar S/O Shri Rajkumar Tanwar v. State of Rajasthan

Case brief

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