The High Court cancelled bail granted to the accused in S.B. Criminal Misc. Bail Application No. 503/2020, as he failed to pay the agreed sum of Rs.1,20,000 to the complainant within eight weeks as per bail conditions.
Bail order dated 19.02.2020 cancelled; respondent No.2 directed to be taken into judicial custody.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Bail Cancellation Application No. 8/2021
Smt Munni Devi Deora W/o Shri Kishan Deora, Aged About 51 Years, By Caste Deora, R/o Raghunathpura, Nearby Dharampura, Siwanchi Gate, Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Nikhil Bhandari For Respondent(s) : Mr. M.S. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
10/11/2021
Notice in this application was issued on 16.02.2021 and service on respondent No.2 is complete.
Nobody appeared on behalf of respondent No.2 on 13.09.2021. Even today, nobody is present on behalf of respondent No.2.
The present bail cancellation application has been filed for cancellation of the bail granted to respondent No.2 by this court vide order dated 19.02.2020 passed in S.B. Criminal Misc. Bail Application No. 503/2020.
Learned counsel for the petitioner-complainant submits that the benefit of bail was extended to the petitioner on the undertaking that an amount of Rs.1,20,000/- will be paid to the
(2 of 2) [CRLBC-8/2021]
petitioner-complainant within a period of eight weeks from the date of his release from Jail. He further submits that after the release of the respondent No.2 from Jail, more than one and a half years have expired but not a single penny has been paid by the respondent No.2 to the petitioner-complainant. He submits that while granting bail to respondent No.2, it was also made clear that if the amount due to the petitioner-complainant is not paid within the stipulated time then the order passed for releasing the respondent No.2 on bail shall come to an end. He, therefore, prays that since the condition on which the petitioner was released on bail is not fulfilled, the present bail cancellation may kindly be allowed by cancelling the order dated 19.02.2020 passed in favour of the respondent No.2.
The benefit of enlargement on bail was extended on the undertaking given by the respondent No.2 that he will pay Rs.1,20,000/- to the petitioner-complainant within a period of eight weeks from the date of his release from Jail. Since the amount undertaken by the respondent No.2 has not been paid to the petitioner-complainant, therefore, he has violated the condition of release on bail by this Court and the order dated 19.02.2020 is cancelled and the respondent-State is directed to take the respondent No.2 in judicial custody.
(VINIT KUMAR MATHUR),J
241-/Vivek/-
Smt Munni Devi Deora
1. State
2. Manish Kumar Prasad
Vinit Kumar Mathur
As recorded by the court registry
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