Allowed

Kamal Chavlani @ Kamal Sindhi S/O Sh. Jawahar Lal Chavlani v. the State of Rajasthan

Rajasthan HC13 Mar 2024CRLMB/1589/2024

Case brief

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What is this about?

The High Court allowed a bail application from Kamal Chavlani arrested under the Rajasthan Excise Act, noting his role as a habitual offender with fifteen prior cases but deeming it just to release him on bail as the co-accused are out and trial is time-consuming.

What did the court decide?

The accused-petitioner was enlarged on bail on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Kamal Chavlani @ Kamal Sindhi S/O Sh… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:12658]

[CRLMB-1589/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.1589/2024

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Kamal Chavlani @ Kamal Sindhi S/o Sh. Jawahar Lal Chavlani, Aged About 35 Years, R/o Plot No. 11/455, Malviya Nagar, Police Station Jawahar Circle, Jaipur, Presently Plot No. 136, Sindhi Colony, Khawas Ji Ka Bag, Durgapura, Police Station Jawahar Circle, Jaipur.

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(At Present Lodged In Central Jail, Jaipur).

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----Petitioner

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Versus

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The State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Vivek Goyal, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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13/03/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.79/2024 registered at Police Station Jawahar Circle, Jaipur City (East) for the offence(s) under Sections 19, 20 and 54 of Rajasthan Excise Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. He further submits that the recovery of liquor was allegedly made from the house of the accused-petitioner, at the time of recovery, the accused-petitioner was not present and no search warrant under Section 47 of the Excise Act was obtained. The accused-petitioner is in custody since 23.01.2024 and the trial of the case may take

[2024:RJ-JP:12658]

[CRLMB-1589/2024]

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considerable time. Therefore, the bail application of the accusedpetitioner may be allowed.

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Learned Public Prosecutor vehemently opposes the grant of bail application and submits that the accused-petitioner is habitual offender and fifteen cases have been registered against him under similar offences, therefore, looking to his criminal antecedents, the bail application of the accused-petitioner may be dismissed.

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Heard and perused the charge-sheet. 5. Without commenting anything on the merits of the case and considering the fact that charge-sheet has already been filed against the present accused-petitioner and the other co-accused have already been enlarged on bail as well as the fact that trial of the case may take considerable time and the matter is triable by Magistrate, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Kamal Chavlani @ Kamal Sindhi in connection with FIR No.79/2024 registered at Police Station Jawahar Circle, Jaipur City (East), shall be enlarged on bail provided he furnishes 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 his 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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Ashwani Kr Srivastava /-93

Kamal Chavlani @ Kamal Sindhi S/O Sh. Jawahar Lal Chavlani v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamal Chavlani @ Kamal Sindhi S/O Sh. Jawahar Lal Chavlani v. the State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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