Allowed

Parmanand Bherwani @ Nandu S/O Late Shri Thawardas v. State of Rajasthan

Rajasthan HC8 Oct 2024CRLMB/5795/2024

Case brief

AI extract

What is this about?

The court allowed bail applications filed by Deepak Yadav and Parmanand Bherwani @ Nandu. They were detained since February 2024 regarding FIR No. 03/2024 involving forged voter cards and identity documents for a Bangladeshi citizen. The court granted bail after noting the investigation concluded and no evidence was recorded in over eight months.

What did the court decide?

The accused-petitioners shall be released on bail on furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each with the trial Court.

Parmanand Bherwani @ Nandu S/O Late Shri Thawardas Vs… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:42366]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5102/2024

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Deepak Yadav S/o Late Shri Daya Ram Yadav, Aged About 30 Years, R/o Village And Post Jakhrana, Tehsil Behror, Police Station Behror District Kotputli Behror At Present Residing At 14B, Shyam Nagar Extension, Girdharipura, Ajmer Road, Jaipur, Police Station Karni Vihar, Jaipur At Present Lodged In The Central Jail, Jaipur.

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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. 5795/2024 Parmanand Bherwani @ Nandu S/o Late Shri Thawardas, Aged About 40 Years, R/o 4/660, Jawahar Nagar, P.S. Jawahar Nagar, Jaipur (At Present Confined In Central Jail Jaipur).

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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. Ashvin Garg in CRLMB No.5102/2024
	Mr. J.K. Moolchandani in CRLMB
	No.5795/2024
For Respondent(s)	: Ms. Arti Sharma, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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08/10/2024

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These bail applications have been filed by the petitioners under Section 439 Cr.P.C., arising out of F.I.R. No.03/2024, registered with the Police Station Special Police Station (SOG), Jaipur District Jaipur for offences under Sections 419, 420, 467,

[2024:RJ-JP:42366]

[CRLMB-5102/2024]

(2 of 3)

468, 471 and 120-B IPC, Section 14 of the Foreigners Act, 1946 and Section 12 of the Passport Act, 1967.

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Learned counsel for the petitioners submits that the allegation against the accused-petitioner -Deepak Yadav is that of having prepared forged voter identity card for one foreigner while he was working as an employee in a shop under the ownership of the accused-petitioner-Permanand Bherwani @ Nandu. For preparing the forged identity card, it is alleged that he has taken Rs.2,000/-.

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Learned counsel further submits that after completion of the investigation, the Police has already submitted charge-sheet and the offences as alleged against them are triable by the Court of Magistrate. Learned counsel further submits that the accusedpetitioners are in custody since 06.02.2024. Learned counsel also submits that the main accused, a Bangladeshi citizen Mohd. Mahmood Alam Tulu for whom it is alleged that the accusedpetitioners prepared the forged identity card, which had already expired.

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Learned Public Prosecutor appearing for the State opposed the bail applications and submits that the allegations against the accused-petitioners are that of having prepared the forged voter identity card for one foreigner and on the basis of the said voter card the accused-petitioners prepared forged Aadhar Card and applied for Passport though, the Visa of the foreigner had already expired. Therefore, the accused-petitioners do not deserve indulgence of bail by this Court.

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Considered the submissions made by learned counsel for the

(3 of 3)

[2024:RJ-JP:42366]

[CRLMB-5102/2024]

petitioners as well as the learned Public Prosecutor and also perused the challan papers.

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Taking into consideration the allegations against the accusedpetitioners so also the fact that the Police has already completed the investigation and submitted the charge-sheet and that they are in custody for more than last 8 months and also no evidence has been recorded so far out of the total 71 prosecution witnesses, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the accused-petitioners on bail.

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Accordingly, these bail applications are allowed and it is directed that the accused-petitioners named above in connection with the aforesaid FIR shall be released on bail provided, they furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/(Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall appear before the trial Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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The Registry is directed to place a copy of this order in the connected case file.

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(GANESH RAM MEENA),J

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Ashish Kumar /17-18

Parmanand Bherwani @ Nandu S/O Late Shri Thawardas v. State of Rajasthan

Case brief

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Parmanand Bherwani @ Nandu S/O Late Shri Thawardas v. State of Rajasthan

Case brief

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