Dismissed

Icici Bank Ltd. v. State of Rajasthan

Rajasthan HC30 May 2024CRLBC/17/2024

Case brief

AI extract

What is this about?

Bank sought cancellation of bail granted to accused respondents in a cheque-related criminal matter, arguing the offences were triable by magistrate with no minimum punishment. Applying Supreme Court principles that cancellation requires proof of misuse of liberty or witness influence, the Court rejected both applications.

What did the court decide?

None; bail cancellation applications rejected with liberty to approach again on any complaint of misuse of liberty or witness influence.

Icici Bank Ltd. Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

(1 of 2) [CRLBC-22/2024]

¶2

[2024:RJ-JD:24984]

¶3

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶4

S.B. Criminal Bail Cancellation Application No. 22/2024

¶5

Icici Bank Ltd., Jaljog Circle, Sindhi Colony Through Its Authorized Officer Shri Narendra Singh Khichi S/o Shri Mohan Singh Ji Aged About 37 Years.

¶6

----Petitioner

¶7

Versus

¶8

State Of Rajasthan, Through Government Advocate, Rajasthan High Court, Jodhpur.

¶9

Prashant S/o Shri. Narendra Kumar, Aged About 35 Years, R/o 24, R. A Colony Kailash Nagar Chittorgarh, Rajsthan.

¶10

----Respondents

¶11

Connected With

¶12

S.B. Criminal Bail Cancellation Application No. 17/2024

¶13

Icici Bank Ltd., Jaljog Circle, Sindhi Colony Through Its Suthorized Officer Shri. Narendra Singh Khichi S/o Shri Mohan Singh Ji Aged About 37 Years.

¶14

----Petitioner

¶15

Versus

¶16

State Of Rajasthan, Through Government Advocate, Rajasthan High Court, Jodhpur.

¶17

Jhalam Chand S/o Shri Prem Chand, Aged About 75 Years, R/o 22 Himalaya Complex, Inside Delhi Gate, P.s. Dhanmandi, Udaipur, Rajasthan.

¶18

----Respondents

¶19

For Petitioner(s) : Mr. Vijay Purohit For Respondent(s) : Mr. Mahipal Bishnoi, PP

¶20

HON'BLE MR. JUSTICE FARJAND ALI

¶21

Order

¶22

30/05/2024

¶23

Heard on application for cancellation of bail. The accused Prashant was granted bail by this Court vide order dated

[2024:RJ-JD:24984]

[CRLBC-22/2024]

(2 of 2)

27.03.2024 for the reason that the alleged offences were exclusively triable by court of magistrate and no minimum punishment is provided in the statute for the charge alleged. Enunciation of the bail provision has been made by this Court in the case of Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) v ide order dated 07.10.2023.

¶28

The law in this regard is no more res-integra that the parameters which are to be considered for cancellation of bail are entirely different from the grounds which are taken into account while granting bail. In the case of Bhagirathsinh Judeja V. State of Gujarat (AIR 1984 SC 372) , the Hon’ble Supreme Court has propounded that unless it is shown that the accused has misused the liberty or is trying to influence witness or abusing liberty granted in his favour; the Court ought not to incline to cancel the bail already granted.

¶29

In this view of the matter, the application for cancellation of bail is rejected, however, the petitioner would be at liberty to approach this Court again if any complaint of misuse of liberty at the hands of the accused respondent is reported. If the accusedrespondent tries to influence any witness or any person related to this case, then also the petitioner would be at liberty to approach this Court again directly.

¶30

(FARJAND ALI),J

¶31

95-chhavi/-

Icici Bank Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Icici Bank Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Vikas Pandit Vs State of Rajasthan

Ghisaram Vs State and Anr.

Dharamchand @ Dharampal Vs State of Rajasthan

Harish Vs State of Rajasthan

Gopal Vs State of Rajasthan

Mangu Nath @ Mangi Nath Vs State of Rajasthan