Allowed

Murari S/O Tundaram v. State of Rajasthan

Rajasthan HC9 Feb 2021CRLMB/733/2021

Case brief

AI extract

What is this about?

The High Court allowed a second bail application filed by an accused arrested over a year ago for theft and criminal breach of trust. Noting that charges were unframed and comments on merits were deliberately withheld, the court ordered release upon furnishing a bond.

What did the court decide?

Released on bail under Section 439 CrPC on a personal bond of Rs. 20,000 with one surety.

Murari S/O Tundaram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. 2nd Bail Application No. 733/2021

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Murari S/o Tundaram, Aged About 32 Years, R/o Rampura Road Near Mahadev Ji Ka Payasa Ps Raini Dist. Alwar (Presently Confined At Dausa Jail)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its P.p.

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----Respondent For Petitioner(s) : Mr. Arvind Sharma For Respondent(s) : Mr. Ramesh Choudhary, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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09/02/2021

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This second bail application has been filed under Section 439 CrPC in connection with FIR No. 295/2019 registered at Police Station Ramgar Pachwara, District Dausa for the offences under Sections 457 & 380 IPC.

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Learned counsel for the petitioner submits that earlier bail application was dismissed with the observations that case may be decided preferably within a period of six months. Learned counsel has placed on record the order sheets of the trial court to show that even the charge have not been framed. Learned counsel submits that in this process, the petitioner has already served one year of arrest and the allegations against the petitioner are under Sections 457, 380 IPC.,and there are other cases against the petitioner but in all of them, the petitioner has been granted bail.

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(2 of 2)

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[CRLMB-733/2021]

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Learned PP submits that as there are other cases against the petitioner, the petitioner ought not be released on bail.

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I have considered the submissions.

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Taking into consideration that more than one year has lapsed since the petitioner was arrested and considering the nature of allegations but without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.

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Therefore, this second bail application is allowed and it is ordered that the accused-petitioner- Murari S/o Tundaram be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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An explanation may be sought by the Registry from the concerned Judicial Magistrate as to why proceedings were not expedited in spite of the observations of this court and why the charges have not even been framed.

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(SANJEEV PRAKASH SHARMA),J

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Anu /397

Murari S/O Tundaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Murari S/O Tundaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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