Allowed

Smt. Laxmi Kanwar W/O Shri Mahaveer Singh Shekhawat v. State of Rajasthan

Rajasthan HC5 Nov 2024CRLMB/6139/2024

Case brief

AI extract

What is this about?

The court allowed the bail application of a female accused under Section 439 Cr.P.C., considering her long incarceration, gender, and the fact that the case was exclusively triable by a Magistrate, despite the Public Prosecutor raising objections regarding her criminal antecedents.

What did the court decide?

Bail granted on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Smt. Laxmi Kanwar W/O Shri Mahaveer Singh Shekhawat Vs… — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:45705]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.6139/2024

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Smt. Laxmi Kanwar W/o Shri Mahaveer Singh Shekhawat, Aged About 55 Years, R/o Village Sultana, Police Station Chidawa District Jhunjhunu At Present R/o Houes No. 18-A, Chand Bihari Nagar, Khatipura, Jhotwara Jaipur, At Present R/o Plot No. 11, Chand Bihasari Nagar, Khatipura, Police Station Vaishali Nagar, Jaipur.

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(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. Vinod Kumar Sharma, Adv. For Respondent(s) : Mr. Devi Singh, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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05/11/2024

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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.345/2022 registered at Police Station, Vishavkarma, District Jaipur (West) for the offence(s) under Sections 420, 467, 468, 471 and 120-B of IPC.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. It is argued that the petitioner is a lady and she is in custody since long, Police has submitted the charge-sheet against the petitioner under Sections 420, 406 and 120-B of IPC. The matter is exclusively triable by Magistrate, therefore, considering the long incarceration of the

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[CRLMB-6139/2024]

accused-petitioner and being lady, the bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner is found to be involved in various cases of similar nature and the learned trial Court in the impugned order has also mentioned that as many as five criminal cases are pending against the petitioner, therefore, considering the criminal antecedents of the accused-petitioner, her bail application deserves to be dismissed.

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Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case and considering the period of long incarceration and taking into account that trial of the case may take considerable time and the matter is exclusively 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 of Cr.P.C. is allowed and it is ordered that the accused-petitioner- Smt. Laxmi Kanwar W/o Shri Mahaveer Singh Shekhawat, in connection FIR No.345/2022 registered at Police Station, Vishavkarma, District Jaipur (West), shall be enlarged on bail provided she 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 her 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 /-37

Smt. Laxmi Kanwar W/O Shri Mahaveer Singh Shekhawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Laxmi Kanwar W/O Shri Mahaveer Singh Shekhawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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