Allowed

Bharat Swami v. State of Rajasthan

Rajasthan HC7 Apr 2022CRLMB/4479/2022

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed bail applications filed under Section 439 Cr.P.C. for two accused persons in judicial custody for offences under the Rajasthan Excise Act. The court granted bail due to the offence being triable by a Magistrate and the anticipated length of the trial, without expressing an opinion on the merits.

What did the court decide?

Bail granted to Bharat Swami and Vikas on furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each to the satisfaction of the trial Court.

Bharat Swami Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4479/2022

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Bharat Swami S/o Sh. Madan Lal Swami, Aged About 24 Years, R/o Ward No. 7, Suratgarh City, P.s. Suratgarh City, Distt. Sriganganagar (Raj.) (At Present Lodged In Distt. Jail Hanumangarh).

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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. 4460/2022

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Vikas S/o Sh. Satveer Singh, Aged About 24 Years, R/o Lalana Baas Dikhnada Tehsil Nohar Dist. Hanumangarh Raj. (At Present Lodged In Dist. Jail Hanumangarh)

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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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For Petitioner(s) : Mr. Suresh Nehra For Respondent(s) : Mr. Vikram Sharma, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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07/04/2022

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The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.107/2022, Police Station Pilibanga, registered for the offence under Section 19/54 of the Rajasthan Excise Act.

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Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

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(2 of 2)

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[CRLMB-4479/2022]

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Learned counsel for the petitioners stated that offence is triable by the Magistrate; that no investigation and recovery is pending against the accused-petitioners; that accused-petitioners are behind the bars since 15.03.2022; that further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioners.

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On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioners and stated that earlier one case is registered against the accused-petitioner Bharat Swami.

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Having regard to the facts and circumstances of the case, particularly to the fact that offence is triable by Magistrate and further trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

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Consequently, the bail applications are allowed. It is ordered that the accused-petitioners – (1) Bharat Swami S/o Sh. Madan Lal Swami, and (2) Vikas S/o Sh. Satveer Singh, arrested in connection with F.I.R. No.107/2022, Police Station Pilibanga, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(DEVENDRA KACHHAWAHA),J

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44-45 Bharti/-

Bharat Swami v. State of Rajasthan

Case brief

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Bharat Swami v. State of Rajasthan

Case brief

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