In a bail application filed under Section 439 Cr.P.C., the court accepted the submission that the offence arises from a civil dispute regarding recovery of goods. Without expressing an opinion on merits, the court allowed bail requiring a personal bond.
Accused released on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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 Miscellaneous Bail Application No. 14894/2021
Habbas Khan S/o Dhuke Khan, Aged About 51 Years, Village Mandwala, Police Station, Tehsil And District Jalore At Present District Jail Jalore
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chakravarti Singh Rathore. For Respondent(s) : Mr. Arun Kumar, P.P.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
28/10/2021
Heard learned counsel for the parties. Perused the material available on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No.401/2020, P.S. Kotwali, District Jalore, for the offences under Section 406 and 420 of IPC.
It is submitted by learned counsel for the applicant that from the averments in the FIR itself, the offence alleged is civil dispute pertaining to the recovery of amount of goods supplied. The applicant is in custody since 2.10.2021. The investigation and trial is likely to take time, therefore, the applicant may be enlarged on bail.
Learned Public Prosecutor opposed the bail application.
(2 of 2)
[CRLMB-14894/2021]
In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-applicant – Habbas Khan S/o Dhuke Khan, arrested in connection with FIR No.401/2020, P.S. Kotwali, District Jalore, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ARUN BHANSALI),J
311-Sumit/-
3 issues framed by the court
Whether the applicant, charged under Sections 406 and 420 IPC for a civil dispute, deserves to be released on bail.
Whether the allegations in the FIR indicate that the offence is civil in nature.
Whether the delay in investigation and trial warrants enlargement on bail.
1 provisions across 1 enactments
Habbas Khan S/o Dhuke Khan
State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
