Dismissed

Shankar Lal v. State of Rajasthan

Rajasthan HC4 Mar 2024CRLMP/742/2024

Case brief

AI extract

What is this about?

Miscellaneous petition seeking protection was dismissed as withdrawn after partial arguments. The Court, noting the petitioner's presence locally and appearance in a pending Section 138 NI Act case, directed him to appear before the Magistrate by a fixed date and file a Section 437 CrPC bail application, on which bail shall be granted the same day.

What did the court decide?

Petition dismissed as withdrawn with directions to appear and move Section 437 CrPC bail application, to be decided same day; attachment proceedings to end on appearance.

Shankar Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:10730]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 742/2024

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Shankar Lal S/o Budh Ram Jat, Aged About 46 Years, R/o Deidaas Tehsil Nohar, District Hanumangarh.

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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.	Jitendra Ojha
For Respondent(s)	: Mr.	Muktiyar Khan,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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04/03/2024

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After arguing to some extent learned counsel for the petitioner seeks withdrawal of the petition while seeking altruistic approach towards protection of his right.

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Accordingly, the instant misc. petition is dismissed as withdrawn. Stay petition stands dismissed.

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Heard learned counsel for the parties and gone through the order dated 21.12.2023 as made available to this Court.

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Although it is averred in the order under challenge that the petitioner is making his escape good for long eight months but from the other documents shown before the Court, it is reflecting that he was very much present within the vicinity where the case is pending and where he resides. One another case under Section 138 of NI Act is also pending against him in which he was regularly appearing.

[2024:RJ-JD:10730]

[CRLMP-742/2024]

(2 of 2)

After going through the niceties of the mater it is felt appropriate to direct the petitioner to appear before the Court concerned on or before 22.03.2024 and to move a regular bail application under Section 437 Cr.P.C. In the event, he appears and files a regular bail application under Section 437 of the Cr.P.C. before concerned Magistrate, the learned Magistrate shall release him on bail on the very same day on the amount of surety and bonds as he deems fit. He would be at liberty to make challenge to the proceedings under Sections 82, 83 & 84 of Cr.P.C. as well as Section 446 Cr.P.C. before the Court concerned.

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Before parting it is made made clear that as soon the accused appears before the Court concerned, the proceedings of attachment under Section 82, 83 & 84 Cr.P.C. comes to an end. The accused would be at liberty to raise the above plea before the trial Court appropriately.

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(FARJAND ALI),J

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748-Samvedana/-

Shankar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shankar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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