Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2002 Supreme(Raj) 1592

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Khem Chand Sharma, J.
Deen Dayal Meena - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cr. Misc. Bail Application No. 3034 of 2002.
Decided On : 12-07-2002

Advocates:
For the Petitioner:D.V. Tholia, Advocate.
For the Respondent: Rajesh Goswami, PP.

The main legal point established in the judgment is the court's discretion to grant bail under Section 439 Cr.PC. based on the facts and circumstances of the case.

Headnote:
Bail - Interpolation of Cheque Amount - The court granted bail to the petitioner under Section 439 Cr.PC. in a case involving allegations of presenting a cheque for encasement after making interpolation in the amount. The petitioner, a 21-year-old student, was ordered to furnish a personal bond and sureties for release.
Fact of the Case:

The petitioner applied for bail under Section 439 Cr.PC. in a case involving allegations of presenting a cheque for encasement after making interpolation in the amount.
Finding of the Court:

The court found that considering the facts and circumstances of the case, it was a fit case for the petitioner to be enlarged on bail under Section 439 Cr.PC.
Issues: The main issue was whether the petitioner should be granted bail in a case involving allegations of presenting a cheque for encasement after making interpolation in the amount.
Ratio Decidendi: The court considered the completion of the investigation, the age of the accused petitioner, and the facts and circumstances of the case in granting bail under Section 439 Cr.PC.
Final Decision: The court ordered the petitioner to be released on bail upon furnishing a personal bond and sureties, with the stipulation to appear before the trial court or wherever directed during the pendency of the trial.

JUDGMENT

1. - Heard, learned counsel for petitioner and the learned PP. and perused the case diary.

2. This application for bail under Section 439 Cr.PC. arises out of FIR No. 154/2002 registered for offence under Sections 379, 420, 467, 468 and 471 IPC.

3. Allegation against the petitioner is to present a cheque for encasement after making interpolation in the amount etc. It is contended on behalf of the petitioner that the investigation in the case is complete and the accused petitioner is a student of 21 years of age.

4. Learned PP has opposed the application.Considering the facts and circumstances of the case, I am of the opinion that it is fit case where the petitioner can be enlarged on bail under Section 439 Cr.PC.

5. It is, therefore, ordered that the petitioner Deen Dayal Meena be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand) with two sureties in the sum of Rs. 10,000/-each to the satisfaction of the trial court with the stipulation to appear before that court or wherever he is directed to appear during pendency of trial of the case and whenever called upon to do so in FIR No. 154/2002 Police Station Shyam Nagar, Jaipur.Bail (application) allowed.

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2002 Supreme(Raj) 1592

RAJASTHAN HIGH COURT AT JAIPUR BENCHKhem Chand Sharma, J.Deen Dayal Meena - AppellantVersusState of Rajasthan - RespondentS.B. Cr. Misc. Bail Application No. 3034 of 2002.Decided On : 12-07-2002

The main legal point established in the judgment is the court's discretion to grant bail under Section 439 Cr.PC. based on the facts and circumstances of the case.

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Khem Chand Sharma, J.
Deen Dayal Meena - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cr. Misc. Bail Application No. 3034 of 2002.
Decided On : 12-07-2002