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2009 Supreme(Raj) 430

MAHESH BHAGWATI
Banwari Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Anoop Dhand, for Petitioners;
G.S. Fauzdar, Public Prosecutor, for State

Hon'ble BHAGWATI, J.—This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Anoop Dhand, Advocate on behalf of the applicants in FIR No.201/2007 of police station Reenus, District Sikar, in the offences under Sections 341, 323, 354, 452, 143, 148, 149 of IPC.

2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record.

3. Learned Public Prosecutor appearing for the State has opposed the bail petition.

4. Having considered the submissions made at the bar and carefully perused the relevant material on record, it is found that one F.I.R. No. 201/2007 was registered in Police Station Reengus against the petitioners in the offences under Sections 143, 148, 149, 452, 323 and 354 of IPC. Police granted bail to the petitioners under Section 436 of Cr.P.C. treating all the offences to be bailable. Thereafter, S.H.O., Police Station Reengus submitted an application through A.P.P. under Section 437(5) of Cr.P.C., seeking cancellation of bail as the offence under Section 452 of IPC had been added later on during investigation, which was non-bailable. The learned Judicial Magistrate,



















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