The Court dismissed a bail cancellation application. It held that since the charge sheet was filed and the trial had commenced, the application founded on non-payment of money was no longer fit to be entertained at that stage.
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 AT
JODHPUR
S.B. Criminal Bail Cancellation Application No. 44/2021
Tausif Belim S/o Sh. Abdul Hamid, Aged About 32 Years, Jodhpur, Presently Manager Of Belim Paints And Hardware, Bhati Circle, Ratanada, Jodhpur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. Anil Mehta |
|---|---|---|
| For Respondent(s) | : | Mr. Mukhtiyar Khan,PP |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/11/2021
The present application has been filed seeking cancellation of bail granted to the accused-respondent No.2 by learned Sessions Court, Jodhpur Metro vide order dated 14.08.2020 in Criminal Misc. Case No.1230/2020 in FIR No.138/2020 registered at Police Station Ratanada Distt. Jodhpur Metro.
Heard learned counsel for the parties.
Counsel for the complainant submits that the respondent No.2 has not make the balance payment.
On the contrary, counsel appearing for respondent No.2 Submits that in the present FIR investigation has been completed and the charge sheet has already been filed. Counsel further
(2 of 2)
[CRLBC-44/2021]
submits that the trial court has taken cognizance against the respondent No.2 for offence under Section 406 & 420.
Perusal of record shows that bail order dated 14.08.2020 was passed after hearing the counsel for complainant, whose presence is marked in the order. The ground on which cancellation of bail has been preferred has already been considered. Now when the charge sheet has been filed and trial has commenced, at this stage, this Court does not find the present case fit to entertain the application for cancellation of bail order dated 14.08.2020.
Accordingly, the present criminal misc. bail cancellation application is dismissed.
(SUDESH BANSAL),J 89-Anshul/-
1 issue framed by the court
Whether the Criminal Bail Cancellation Application filed after the filing of the charge sheet and commencement of trial should be entertained.
Tausif Belim
State
Ganesh Mandan
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
