Allowed

Prahlad Sharma S/O Shari Anandi Lal v. State of Rajasthan

Rajasthan HC15 Jul 2022CRLMB/3697/2022

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed by a 65-year-old retired manager accused of defalcation in a cooperative society. Considering his age and lack of compulsion for custodial interrogation, bail was granted subject to furnishing a bond and sureties.

What did the court decide?

Anticipatory bail application allowed; petitioner to furnish a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Prahlad Sharma S/O Shari Anandi Lal Vs State of Rajasthan — Corruption | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR FUNASTHAN

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BENCH AT' 3APPUR

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S.B. Criminal Miscellaneous Bail Application No. 3697/2022

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~rahlad Sharma S/o Shari Anandi Lal, R/o 1 H 14, Mahveer Nagar Vistra Yogana, Kota (Raj.) Retierd Manager Morpa Gram Sava Sahakri Samiti Ltd. Morpa Panchayat Samiti Tehsil Ladpur Kota

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Versus

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State Of Rajasthan, Through P.p.

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For petitioneris) : Mr. Ravi Kumar Kasliwal For ~esp;ondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. II.USTB@E FARJAND AIL1 . "

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, . .. . . . . .. : ,'Order . .

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15/07/2022

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.. . . .

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. ., . :: . . 1. Apprehending his atrest,..in: .. :. ... . . . ,: . .. connection with FIR No.3 1/2022 registered at Police Station Kaithoon, District Kota for the offence(s) under sections' 409, '420, & 1208 IPC, the petitioner .I ' .__>...,. . has preferred this antikipatoak$ , I .' bail spplication under Section 438 Cr. P.C.

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2. Learned counsel for the a~cused-petitioner submits that the , . *, present accused-petitioner has nothing to do with the alleged offence. He has falsely been implicated in this case. Trial is likely to take long time to conclude. His custodial interrogation would not be required for any purpose.

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3. Learned Public Prosecutor has vehemently opposed the bail application.

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(2 of 3)

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[CRLMB-3697/2022]

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As averred, the petitioner is a 65 years old person and the FIR came to be registered after four years of his retirement. He was serving as a manager of Morpa Gram Sava Sahakri Samiti ~td. As per the allegations, he made defalcation of certain amount while acting in the capacity of manager of the Cooperative Society. /. There are also provisions under Rajasthan Cooperative

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Societies Act regarding mediation and appointment of mediator for which the petitioner had made an application but the same has not been considered. Having considered the overall allegations ? leveled i6;the FIR, contentions made by the counsel for the / - . -3.. accused-petitioner and taking into account the totality of facts and circumstances of the case, more particularly the fact that the present is not a case where custodial interrogation of an old ' : ,. person would be required, this court deems it just and proper to . , allow the anticipatory baiilappfication. ,.

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5. Accordingly, the ant/cipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kaithoon, District Kota , , . in F.I.R. No.31/2022 is;:d&ecc& kha; in the event of arrest of the ,I petitioner- Prahlad §harm&S/:o .- . Shari Anaaadi La!, he shall be .

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released on bail, provided .he furnishes a personal bond in the sum s, . , "" , of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions: -

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(i)^{that the petitioner shall make herself available} for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(FARJAN D ALI),J

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CHHAYA AWASTHI /74

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'A"'. :<: '. : .... C.." '.. .' :' ,

Prahlad Sharma S/O Shari Anandi Lal v. State of Rajasthan

Case brief

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What did the court decide?

Prahlad Sharma S/O Shari Anandi Lal v. State of Rajasthan

Case brief

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