Allowed

Ramesh Chandra Jain v. State of Rajasthan

Rajasthan HC11 Jul 2023CRLMB/6168/2023

Case brief

AI extract

What is this about?

The Court allowed bail applications filed by three petitioners under Section 439 Cr.P.C. They were arrested in a case involving fraud and forgery. The Court deemed it just and proper to grant bail, directing them to execute a bond of Rs. 1 lakh each with two sureties of Rs. 50,000 each.

What did the court decide?

Grant of bail conditioned upon execution of personal bond Rs. 1,00,000/- by each accused with two sureties of Rs. 50,000/- each, subject to approval by the trial court.

Ramesh Chandra Jain Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2023)

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[2023:RJ-JD:20716]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6168/2023

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Ramesh Chandra Jain S/o Lt. Ratan Lal Ji Sariya, Aged About 61 Years, Shubhash Nagar, Banswara, Dist. Banswara (Raj.). (Presently Lodged In Jail, Banswara).

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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. 4629/2023 1. Rakamchand @ Rakamlal S/o Vithla, Aged About 40 Years, R/ o Dhamniya, P.s. Kotwali, Banswara, Dist. Banswara (Rajasthan) (Presently Lodged In Jail, Banswara)

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Raju S/o Shanker, Aged About 32 Years, R/o Dhamniya, P.s. Kotwali, Banswara, Dist. Banswara (Rajasthan) (Presently Lodged In Jail, Banswara)

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----Petitioners

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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. RS Bhati For Respondent(s) : Mr. Mool Singh Bhati, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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11/07/2023

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The petitioners have been arrested in connection with FIR No. 392/2022 of Police Station – Banswara, District Banswara for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of the IPC. They have preferred these bail applications under Section 439 Cr.P.C.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this present case. It is submitted that the alleged offences are triable by First Class Magistrate. It is further submitted that in the present case the

[2023:RJ-JD:20716]

[CRLMB-6168/2023]

(2 of 2)

petitioner - Ramesh Chandra Jain is the broker and the petitioners - Rakamchand @ Rakamlal and Raju are the attesting witnesses of sale deed. Charge-sheet has already been filed in the matter. There are no previous criminal antecedents against the petitioners. The accused-petitioner s are in custody since long and the trial of the case will take long time. Therefore, the benefit of bail should be granted to the accused-petitioners.

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Learned Public Prosecutor has vehemently opposed the bail applications. 4) Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. 5) Accordingly, the bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners - (1) Ramesh Chandra Jain S/o Lt. Ratan Lal Ji Sariya (2) Rakamchand @ Rakamlal S/o Vithla (3) Raju S/o Shanker shall be released on bail in connection with FIR No. 392/2022 of Police Station – Banswara, District Banswara, provided they execute a personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- to the satisfaction of 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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( MADAN GOPAL VYAS),J

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76-77 Neha/-

Ramesh Chandra Jain v. State of Rajasthan

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Ramesh Chandra Jain v. State of Rajasthan

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