Allowed

Kanhiram @ Kanhaiya S/O Lalu @ Lala v. State of Rajasthan

Rajasthan HC16 Dec 2024CRLMB/15855/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed bail to two petitioners facing charges of cheating, forgery, and criminal conspiracy under IPC sections 420, 461, 467, 468, 471, and 120-B. The court deemed it just and proper to grant bail without addressing merits due to the exclusive triability by a Magistrate.

What did the court decide?

Petitioners enlarged on bail by furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Kanhiram @ Kanhaiya S/O Lalu @ Lala Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:51678]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 15854/2024

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Gopal Devda S/o Bhuuwanilal @ Bhuwanilal, Aged About 54 Years, R/o Makan No. 8B Manchapuran Road Saidham Colony Jawra District Ratlam (Mp) At Present Halka Patwari Patwar Mandal Peepliyasir Halka Number 8 Tehsil Jawra District Ratlam (Mp) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.).

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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. 15855/2024 Kanhiram @ Kanhaiya S/o Lalu @ Lala, Aged About 64 Years, R/o Kankarwa Balaji Police Station Ringnod District Ratlam (Mp) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.).

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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. Rohit Khandelwal &
	Mr. Bharat Lal Mali
For Respondent(s)	: Mr. S.R. Dhakar, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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16/12/2024

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The instant bail applications have been filed under Section 483 B.N.S.S. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.264/2024 registered

(2 of 3)

[2024:RJ-JP:51678]

[CRLMB-15854/2024]

at Police Station Gangdhar, District Jhalawar for the offence(s) under Sections 467, 468, 471, 420 & 120-B of IPC.

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Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the petitioner Gopal Devda opened the mutation after getting the affidavit from the other co-accused. The petitioner was not aware that there was other legal heirs of the deceased. The petitioner is in custody since long and offences under Sections 420, 461, 468, 471 & 120-B of IPC are exclusively triable by Magistrate, therefore, the bail application of the accused-petitioner Gopal Devda S/o Bhuuwanilal @ Bhuwanilal may be allowed. Similarly, it is contended by learned counsel for the petitioner Kanhiram @ Kanhaiya that the petitioner has falsely been implicated in this case. It is contended that the petitioner did not forge any documents and the matter is exclusively triable by Magistrate. There is no criminal antecedents against the petitioner, therefore, the bail application of the accused-petitioner Kanhiram @ Kanhaiya S/o Lalu @ Lala may be allowed.

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Learned Public Prosecutor vehemently opposes the bail applications.

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Heard and perused the material available on record.

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It is not desirable to express anything on the merits of the case, considering the nature of offences and the fact that the matter is exclusively triable by Magistrate, I deem it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, these bail applications under Section 483 B.N.S.S. are allowed and it is ordered that the accused-petitioners

(3 of 3)

[2024:RJ-JP:51678]

[CRLMB-15854/2024]

namely: 1. Gopal Devda S/o Bhuuwanilal @ Bhuwanilal & 2.

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Kanhiram @ Kanhaiya S/o Lalu @ Lala in connection with FIR No.264/2024 registered at Police Station Gangdhar, District Jhalawar shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/210-211

Kanhiram @ Kanhaiya S/O Lalu @ Lala v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kanhiram @ Kanhaiya S/O Lalu @ Lala v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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