Allowed

Pardeep @ Chichu S/O Jaswant Singh v. State of Rajasthan

Rajasthan HC19 Jul 2022CRLMB/3161/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed four connected bail applications filed under Section 439 Cr.P.C. The court observed that the FIR names individuals not mentioned in police statements, no identification parade was held, and holding the accused would serve no purpose until trial conclusion. Bail was granted subject to furnishing a personal bond and two sureties.

What did the court decide?

Bail allowed on personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, subject to appearance before the trial court.

Pardeep @ Chichu S/O Jaswant Singh Vs State of… — Cheating and Forgery | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3161/2022

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Pardeep @ Chichu S/o Jaswant Singh, Aged About 23 Years, R/o Bewal Ps Kanina Dist. Mahendergarh Hariyana (At Present Lodge At Dist. Jail Khetri Dist. Jhunjhunu, Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 5572/2022

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Rohit @ Mala Son Of Shri Prem Prakaash, Resident Of Village Dogada, Ahir, P.s. Kaneena, District Mahendragarh ( Haryana) ( Presently Confined In Jail At Jhunjhunu)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 7063/2022

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Sushil Kumar @ Sheela S/o Satish Kumar, Aged About 25 Years, Resident Of Dogara Aheer, Police Thana Kaneena, Dist. Mehandragarh Hariyana (At Present Sub. Jail Khetri Dist Jhunjhunu)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 7461/2022

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Surendra @ Suliya S/o Shri Ramsingh, Aged About 21 Years, Resident Of Village Lujota Police Station Nangal Choudhary District Mahendragarh Haryana ( Accused Petitioner Is In Judicial Custody In Jail Khetri Jhunjhunu)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

(2 of 4)

[CRLMB-3161/2022]

----Respondent

For Petitioner(s)	:	Mr. Sudhir Yadav
		Mr. Rajneesh Gupta Mr. Omveer Singh Saini
		Mr. S.S. Ola
		Mr. Manish Gupta
For Respondent(s)	:	Mr. MS Saini, PP Mr. Brahma Prakash

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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19/07/2022

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The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners Pardeep @ Chichu S/o Jaswant Singh, Rohit @ Mala Son Of Shri Prem Prakaash, Sushil Kumar @ Sheela S/o Satish Kumar & Surendra @ Suliya S/o Shri Ramsingh against the orders impugned passed by learned Courts below for the offence under Sections 147, 148. 149, 302, 323 & 427 IPC and Sections 3/25 of the Arms Act in FIR No.02/2022 registered at Police Station Pacheri Kalan, District Jhunjhunu.

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Learned counsel for the accused-petitioners submits that a false case has been foisted against the petitioners. The accusedpetitioners have nothing to do with the alleged offences. They are behind the bars since a long time. After investigation, chargesheet has been filed in the matter. Trial is likely to take long time to conclude. No fruitful purpose would be served by keeping the accused-petitioners behind the bars till disposal of the case.

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Per contra, learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the bail applications.

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(3 of 4)

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[CRLMB-3161/2022]

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Heard learned counsel for the parties. Perused the entire material made available on record. The FIR came to be lodged on 03.01.2022 at the behest of Ashwini Kumar, brother of the deceased alleging inter alia that on previous night i.e. on 02.01.2022 at 8 P.M.., Ashwini, his brother Arvind (deceased) and one Banti came to the liquor shop for collection of amount. Suddenly, two vehicles came from their behind. The specific names as mentioned in the typed report are Monu Kuhadwas, Sonu Sohli, Virender @ Bindra Bhirr, Ranjeet Pathroli, Vinod @ Don Pathroli, Rajveer Sharma Pathroli and six other persons who damaged the vehicle through iron rod, sticks etc. and open firing upon them. It is further alleged that on 31.12.2021, the accused Ranjeet Yadav had given a threat to kill his brother etc. During the course of the investigation, the statements of complainant and the other accompanying person Banti have been recorded under Section 161 Cr.P.C. but at both the places, the name of the present petitioners have not been mentioned. Admittedly, no identification parade has been conducted and at the time of incident, only three persons were present out of whom, one was the deceased and the others were the driver Banti and complainant Ashwini. Thus, considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners named above shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for

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(4 of 4)

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[CRLMB-3161/2022]

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their appearance before the court concerned on all the dates of hearing as and when they are called upon to do so.

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(FARJAND ALI),J

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SAHIL/17-20

Pardeep @ Chichu S/O Jaswant Singh v. State of Rajasthan

Case brief

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Pardeep @ Chichu S/O Jaswant Singh v. State of Rajasthan

Case brief

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