Allowed

Magharam Suthar v. State of Rajasthan

Rajasthan HC10 Oct 2023CRLMB/10645/2023

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed an anticipatory bail application filed by Magharam Suthar. Relying on the perusal of the case diary and arguments, the court held that since a Section 41 Cr.P.C. notice had been issued, the petition was a fit case for anticipatory bail under Section 438 Cr.P.C. regarding FIR 293/2020 in connection with offences under Sections 452, 341, 323, 504, and 34 of the IPC.

What did the court decide?

Anticipatory bail granted under Section 438 Cr.P.C. Petitioner must furnish a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Magharam Suthar Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2023)

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[2023:RJ-JD:34112]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10645/2023

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Magharam Suthar S/o Lt. Anantlal, Aged About 44 Years, Behind Murli Manohar Mandir, Sutharon Ka Mohalla, Bheenasar, Bikaner.

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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.	Veerendra Acharya
For Respondent(s)	: Mr.	Laxman Solanki, PP
	Mr.	Rakesh Arora,for complainant

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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10/10/2023

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This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.293/2020, Police Station Kotgate, District Bikaner for the offences under Sections 452, 341, 323, 504, 34 of IPC.

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Learned counsel for the petitioner submits that all the offences are bailable except offence under Section 452 of IPC, which is nonbailable and the notice under Section 41 of Cr.P.C. has already been issued to the present petitioner, therefore, no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.

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Learned Public Prosecutor and counsel for the complainant vehemently opposed the prayer for anticipatory bail.

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Heard the learned counsel for the parties and perused the impugned order.

(2 of 2)

[2023:RJ-JD:34112]

[CRLMB-10645/2023]

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar and from the perusal of the case diary it is clear that the notice under Section 41 Cr.P.C. has been given to the present petitioner. In these circumstances, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

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Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Magharam Suthar S/o Late Anantlal in connection with FIR No.293/2020, Police Station Kotgate, District Bikaner, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

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(i). that the petitioner shall make himself/herself/themselves available for interrogation by a police officer as and when required;

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(ii). that the petitioner/s 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/s shall not leave India without previous permission of the court.

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(MANOJ KUMAR GARG),J

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205-Ishan/-

Magharam Suthar v. State of Rajasthan

Case brief

What is this about?

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Magharam Suthar v. State of Rajasthan

Case brief

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