SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Raj) 1299

IN THE HIGH COURT OF RAJASTHAN, JODHPUR BENCH
P.K. LOHRA, J.
Shobh Singh - Petitioner
Versus
State of Rajasthan – Respondent
S.B. Criminal Misc. Bail Application No. 6133 of 2016
Decided on : 25-07-2016.

Advocates:
Advocate Appeared:
For the Petitioner:Mr. M.L. Khatri, Advocate.
For the State : Mr. V.S. Rajpurohit, Public Prosecutor.

Headnote:Criminal Procedure Code, 1973- Section 438; Prevention of Corruption Act, 1988- Section 13(1)(c)(d) read with Section 13(2) - Application for anticipatory bail – Whether anticipatory bail to be granted - Accused-petitioner is charged for the offence under Sections 409, 420, 468, 471, 477-A & 120-B IPC and Sections 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 - Co-accused already granted anticipatory bail - It is just and proper to grant indulgence to petitioner in application for pre-arrest bail under Section 438, Criminal Procedure Code - Anticipatory bail granted with conditions.

JUDGMENT :

P.K. Lohra, J.

Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor and also perused the materials available on record.

2. The prosecution case, unfurled from the FIR No. 249/1996, reveals that accused-petitioner is charged for the offence under Sections 409, 420, 468, 471, 477-A & 120-B IPC and Sections 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

3. Learned counsel for the accused-petitioner submits that other co-accused persons have already been granted anticipatory bail by this Court and the case of the present petitioner is not distinguishable than that of co-accused, therefore, the present petitioner may also be granted bail.

4. Learned Public Prosecutor in general has opposed the bail application.

5. Having regard to the facts and circumstances of the case and the fact that co-accused have already been granted anticipatory bail, I deem it just and proper to grant indulgence to the petitioner in this application for pre-arrest bail under Section 438 Cr.P.C.

6. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner, Shobh Singh S/o Bhim Singh in FIR No. 249/1996, Police Station ACB Chowki, Barmer he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

(i) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) He shall not leave India without the previous permission of the court.



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top