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

2022 Supreme(Raj) 139

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Krishan Kumar S/o Sh. Dhuda Ram - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 1620/2022 and S.B. Criminal Miscellaneous 2nd Bail Application No. 1621/2022
Decided on : 03-02-2022

Advocates:
Advocate Appeared:
For the Appellant :Dinesh Vishnoi and Himanshu Purohit, Advocate.
For the Respondents: Mukesh Trivedi, PP.

Headnote:

Indian Penal Code,1860 - Sections 420, 419, 467, 468, 471 & 120-B – Criminal Procedure Code,1973 – Section 439 - Rajasthan Public Examination (Prevention of Unfairness) Act, 1992 – Section 3/6 - Lawyers are not physically appearing in the Court in view of unprecedented situation being faced by country due to pandemic of novel corona virus (COVID-19) - S.B. Criminal Miscellaneous Bail Application - Present bail application has been filed under Section 439 Cr.P.C. on behalf of petitioner who is in custody in connection with FIR registered at Police Station for offences punishable under Sections 420, 419, 467, 468, 471 & 120-B of IPC and under Section 3/6 of Rajasthan Public Examination (Prevention of Unfairness) Act, 1992 - Learned counsel for petitioner submits that charge-sheet in the case has been filed - He further submits that petitioner is facing incarceration for almost one and a half months - Conclusion of trial will take sufficiently long time, he prays that the petitioner may be enlarged on bail – Held, Learned Public Prosecutor opposes the bail application - Having regard to the peculiar facts and circumstances of case as also present situation of country due to pandemic of corona virus (COVID-19), in particular jails, this Court deems it just and proper to release petitioner on bail - - It is ordered that the accused-petitioner arrested in connection with FIR registered at Police Station shall be released on bail provided he furnishes a personal bond each to the satisfaction of learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so - Record of this condition and the antecedents of petitioner will be maintained by concerned Police Station of area where the petitioner resides - A copy of this order be sent to the local police station where the petitioner resides - It is also ordered that petitioner will mark his attendance in local police station of the area of his permanent residence in every three months - Consequently, present bail application filed under Section 439 of Cr.P.C. is allowed.

JUDGMENT :

VINIT KUMAR MATHUR, J.

1. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

S.B. Criminal Miscellaneous Bail Application No. 1620/2022

2. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No. 513/2021, registered at Police Station Pratapnagar, District Jodhpur for the offences punishable under Sections 420, 419, 467, 468, 471 & 120-B of IPC and under Section 3/6 of Rajasthan Public Examination (Prevention of Unfairness) Act, 1992.

3. Heard learned counsel for the parties. Perused the material available on record.

4. Learned counsel for the petitioner submits that the charge-sheet in the case has been filed. He further submits that the petitioner is facing incarceration for almost one and a half months. The conclusion of trial will take sufficiently long time, therefore, he prays that the petitioner may be enlarged on bail.

5. Learned Public Prosecutor opposes the bail application.

6. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

7. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Krishan Kumar S/o. Sh. Dhuda Ram arrested in connection with FIR No. 513/2021, registered at Police Station Pratapnagar, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

8. However, it is made clear that after the enlargement on bail in this case, if the petitioner is found involved in any other criminal case, then no leniency will be extended to him in future. Record of this condition and the antecedents of the petitioner will be maintained by the concerned Police Station of the area where the petitioner resides. It is also ordered that the petitioner will mark his attendance in the local police station of the area of his permanent residence in every three months.

9. A copy of this order be sent to the local police station in which the petitioner resides.

S.B. Criminal Misc. 2nd Bail Application No. 1621/2022

10. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No. 513/2021, registered at Police Station Pratapnagar, District Jodhpur for the offences punishable under Sections 419, 420, 467, 468, 471 & 120-B of IPC and under Section 3/6 of Rajasthan Public Examination (Prevention of Unfairness) Act, 1992.

11. Heard learned counsel for the parties. Perused the material available on record.

12. Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner on 11.01.2022, charge-sheet in the case has been filed. He further submits that the petitioner is facing incarceration for almost one and a half months. The conclusion of trial will take sufficiently long time, therefore, he prays that the petitioner may be enlarged on bail.

13. Learned Public Prosecutor opposes the bail application.

14. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

15. Consequently, the present second bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Jogendra Singh S/o. Roopa Ram arrested in connecti

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 Back to top