High Court in criminal miscellaneous bail application allowed bail to petitioner faced with 420, 467, 468 and 120B IPC charges, deeming it just and proper to enlarge him without commenting on merits.
Petitioner ordered to be released on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- 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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
14204/2022
Salim Mohammad S/o Munsaf, Talab Gao, Tehsil Hindoli, Thana Hindoli, Distt. Bundi (Rajasthan) ( At Present Confined In Jail At Malpura)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Pallav Choudhary, Adv. For : Mr. M.S. Saini, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
20/09/2022
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.102/2022 registered at Police Station Pachewar, District Tonk for the offence(s) under Section(s) 420, 467, 468 & 120B of IPC.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. Learned counsel submits that dispute is of civil in nature. He further submits that the accused-petitioner is in judicial custody since long and the conclusion of the trial will
(2 of 2)
[CRLMB-14204/2022]
take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the same.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and accused-petitioner Salim Mohammad S/o Munsaf is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
Gaurav/37
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. given the allegations of civil dispute as the real dispute.
1 provisions across 1 enactments
Salim Mohammad S/o Munsaf
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
