In a bail application under Section 439 Cr.P.C., the Rajasthan High Court adopted a just and appropriate approach to grant bail to the accused on the personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.
Bail granted on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12550/2022
Farukh @ Fakru S/o Juhru Khan, Aged About 40 Years, R/o Village Mancha, P.s. Kishangarh Bas, Police Distt. Bhiwadi, Alwar Raj.
(At Present Confined In Sub Jail Kishangarh Bas)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. Jiya Ur Rahman, Adv. For Respondent(s) : Mr. Mangal Singh Saini, PP Mr. Mohd. Shakir Khan, Adv.
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
15/11/2022
This bail application under Section 439 Cr.P.C. has been filed by petitioner in connection with FIR No.155/2021 registered at Police Station Kishangarh Bas District Bhiwadi wherein he is charged for offences punishable under Sections 420 & 406 of IPC.
Learned counsel for the petitioner submits that the allegation against the petitioner is that he by impersonating himself to be as claimant filed claim petition before the Motor Accident Claims Tribunal in which award was passed on the basis of compromise. Subsequently, the amount of award was not disbursed on the application submitted by the complainant. Counsel submits that the petitioner has not received any amount of award and the alleged offences are triable by Magistrate and after investigation, police has
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[CRLMB-12550/2022]
already submitted the charge-sheet. Counsel submits that the petitioner is in judicial custody from the date of his arrest and trial will take its own time to conclude, so the indulgence of bail be extended to the petitioner.
Per contra, learned Public Prosecutor assisted by counsel for the complainant have opposed the bail application.
Considering the facts that the petitioner has not received any amount of award, he is in judicial custody from the date of arrest, the alleged offences are triable by Magistrate and trial will take its own time to conclude. However, without commenting on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Farukh @ Fakru S/o Juhru Khan , arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of 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.
PRAVESH/38
1 issue framed by the court
Whether bail should be granted to the petitioner in a case concerning cheque-related offences?
1 provisions across 1 enactments
Farukh @ Fakru
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
