The Court allowed the criminal appeal against the rejection of anticipatory bail under Section 438 CrPC. It set aside the High Court order and directed that if the appellant is arrested, he be released on bail with cash security and sureties.
Appeal allowed; High Court order set aside; appellant to be released on bail with Rs. 50,000 cash security and two sureties if arrested.
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.358 OF 2022 (Arising out of SLP (Crl.) No.5960 of 2018)
DHEERAJ BHADVIYA Appellant
VERSUS
STATE OF RAJASTHAN & ANR. Respondents
O R D E R
Leave granted.
This appeal challenges the judgment and order dated 05.02.2018 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail No.9433 of 2017.
Apprehending arrest in connection with crime registered pursuant to First Information Report No.345/2017 dated 19.08.2017 lodged with Police Station Ambamata, District Udaipur, Rajasthan, for the offence punishable under Section 306 IPC, the appellant preferred an application for anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973. The application having been rejected by the High Court, the present appeal has been preferred.
While issuing notice vide order dated 13.08.2018, the interim Signature Not Verified Digitally signed by Dr. relief of stay of arrest was granted to the appellant, which relief Mukesh Nasa Date: 2022.03.09 20:33:09 IST Reason: the appellant has enjoyed for the last 3½ years.
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Consequently, without making any reflection on merits of the matter, we allow this appeal, set-aside the order passed by the High Court, and direct as under:
With these observations, the appeal is allowed.
........................J.
(UDAY UMESH LALIT)
........................J. (S. RAVINDRA BHAT)
New Delhi, March 07, 2022.
1 issue framed by the court
Whether the present appeal for anticipatory bail against the rejection of High Court order shall be allowed.
1 provisions across 1 enactments
Dheeraj Bhadviya
State of Rajasthan
Uday Umesh Lalit
S. Ravindra Bhat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
