Dismissed

Bhawani Singh Kanawat v. State of Rajasthan

Rajasthan HC16 Feb 2024CRLMP/496/2023

Case brief

AI extract

What is this about?

Court dismissed withdrawal petitions but declined quashing FIR. Ordered that petitioner not be arrested during investigation under Arnesh Kumar guidelines. Directed trial Court to grant bail on regular application immediately.

What did the court decide?

Petitions dismissed but liberty granted to raise grounds at trial Court; petitioner directed not to be arrested during investigation; directed to grant bail on appearance.

Bhawani Singh Kanawat Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:8391]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 496/2023

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Bhawani Singh Kanawat S/o Shri Padam Singh Kanawat, Aged About 43 Years, R/o Pratap Mohalla Kotdi Dist. Bhilwara Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Ganesh Lal S/o Shri Prabhula Teli, Savaipur Road Tehsil Kotdi Dist. Bhilwara Raj.

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----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 284/2023

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Jamna Lal Didvaniya S/o Sh. Kishan Lal Didvaniya, Aged About 70 Years, Charbhuja Mandir Ke Pass, Teh. Kotri, Dist. Bhilwara (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Ganesh Lal S/o Sh. Prabhula Teli, Savaipur Road, Teh. Kotri, Dist. Bhilwara (Raj.).

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----Respondents

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For Petitioner(s) : Mr. S.S. Sisodia For Respondent(s) : Mr. Laxman Solanki, Dy.G.A.

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HON'BLE MR. JUSTICE FARJAND ALI Order

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16/02/2024

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After arguing to some extent, learned counsel for the petitioners seeks withdrawal of the instant criminal petitions with liberty to raise all grounds which are raised here in the petition, before the learned trial Court at appropriate stage.

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Accordingly, the instant criminal misc. petitions are dismissed with liberty as sought for. Stay petitions also stand dismissed.

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Heard learned counsel for the parties and going through the FIR and the other material as made available to this Court. Though, this Court does not deem it appropriate to quash the FIR

[2024:RJ-JD:8391]

[CRLMP-496/2023]

(2 of 2)

but at the same time it cannot be ignored that there may be a bonafide dispute between the parties. The alleged offences are triable by a Court of magistrate having punishment of not more than three years and as such the provision contained contained under Section 41 and 41A of the CrPC are applicable and the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar [AIR 2014 SC 2756] applies squarely in the present case; therefore, it is ordered that the petitioner shall not be arrested during investigation. In the event of filing of a charge-sheet, the petitioner shall be directed to remain present before the Court where the charge-sheet would be submitted.

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Upon their appearance and moving a regular bail application, the learned trial Court shall release them on bail on the very same day on the amount of surety and bonds as he deems fit.

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(FARJAND ALI),J

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127-Samvedana/-

Bhawani Singh Kanawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhawani Singh Kanawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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