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2022 Supreme(Raj) 2554

DEVENDRA KACHHAWAHA
Firoz Ali – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Pradeep Kumar Shah, Advocate, Shrawan Bishnoi, Advocate

JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 91/2021, Police Station Salumbar, District Udaipur, registered for the offences punishable under Sections 420 of the Indian Penal Code and Section 3/7 of the Essential Commodities act, 1955.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that the offences are triable by the Magistrate; that the benefit of bail has already been granted to the main accused Mahipal Jain by this Court vide order dated 14.03.2022 (Bail application No. 3518/2022); that as per the charge-sheet, investigation in regard to the present accused-petitioner has been completed but since the prosecution sanction has not been obtained from the competent authority, charge-sheet in regard to the accused-petitioner could not be filed; that the accused-petitioner is in judicial custody since the date of his arrest (07.02.2022); and that the trial will take time, therefore, benefit of bail may be granted to the acc

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