Allowed

Mangi Lal v. State of Rajasthan

Rajasthan HC5 Oct 2023CRLMB/9924/2023

Case brief

AI extract

What is this about?

Allowed an application for anticipatory bail under Section 438 CrPC to two accused persons alleging offences of cheating and criminal misappropriation, noting their exoneration in inquiry and lack of warrant for incarceration.

What did the court decide?

Anticipatory bail granted under Section 438 CrPC with conditions to furnish personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Mangi Lal Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

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[2023:RJ-JD:32971]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 9924/2023

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Mangi Lal S/o Sh. Rawata Ram, Aged About 57 Years, B/c Meghwal R/o Vill. Serna Ps Ramsin Dist. Jalore Raj.

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Jamta Ram S/o Sh. Rawata Ram, Aged About 54 Years, B/c Meghwal R/o Vill. Umedabad Ps Bishangarh Tehsil And Dist. Jalore Raj.

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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. PradeepShah
For Respondent(s)	: Mr. A.R. Choudhary, P.P.
	Mr. Surendra Choudhary, for the complainant

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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05/10/2023

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The jurisdiction of this court has been invoked by way of filing an application under Section 438 CrPC at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	192/2022
2.	Concerned Police Station	Sayla
3.	District	Jalore
4.	Offences alleged in the FIR	Sections 406, 409 and 420 IPC
5.	Offences added,if any
6.	Date of passing of impugned order	31.07.2023

[2023:RJ-JD:32971]

[CRLMB-9924/2023]

(2 of 3)

In view of the fact that after conducting incisive probe, the petitioners are exonerated by the Inquiry Officer and for the same set of accusation, the instant FIR is pending, the petitioners has prayed for anticipatory bail on the ground that no case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of anticipatory bail to the accusedpetitioners and they have been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant oppose the bail application and submit that the present case is not fit for grant of anticipatory bail.

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Have considered the submissions made by both the parties and have perused the material available on record. In light of these facts and circumstances, it is deemed suitable to grant the benefit of anticipatory bail to the petitioners in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the matter.

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Accordingly, the instant bail application under Section 438 Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer, Police Station Sayla, District Jalore in F.I.R. No. 192/2022 is directed that in the event of arrest of the petitioners they shall be released on bail, provided they furnish a personal bond in the sum of Rs.50,000/with two sureties in the sum of Rs.25,000/- each to the

(3 of 3)

[2023:RJ-JD:32971]

[CRLMB-9924/2023]

satisfaction of the S.H.O/I.O/Arresting Officer of the concerned

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Police Station on the following conditions:-

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(i) that the petitioners shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioners 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 petitioners shall not leave India without previous permission of the court.

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(FARJAND ALI),J

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183-Taruna/-

Mangi Lal v. State of Rajasthan

Case brief

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Mangi Lal v. State of Rajasthan

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