[2023:RJ-JP:22085]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 10018/2023
1. Moolchand @ Moolya S/o Shyoram, R/o Shivsinghpura,
Lalsot, Dausa.
2. Sanwalram @ Sanwlya S/o Shyoram, R/o Shivsinghpura,
Lalsot, Dausa.
3. Hajari Lal S/o Shyoram, R/o Shivsinghpura, Lalsot,
Dausa.
4. Heeralal S/o Shyoram, R/o Shivsinghpura, Lalsot, Dausa.
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Sanjeev Mahala, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/09/2023
1. The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioners, who are having apprehension of their arrest in connection with Complaint No.131/2014 pending before learned Additional Chief Judicial Magistrate-I, Lalsot for the offences under Sections 420, 467, 468, 471 & 120-B of IPC.
2. Learned counsel for the petitioners submits that accused-petitioners have falsely been implicated in this case. He further submits that while taking cognizance, petitioners have been summoned straightaway through warrant of arrest issued vide order dated 23.01.2023. Learned counsel has relied upon the (Downloaded on 11/11/2023 at 07:56:58 PM) [2023:RJ-JP:22085] (2 of 2) [CRLMB-10018/2023] judgments of Hon'ble Apex Court in the case of Inder Mohan Goswami & Anr. Vs. State of Uttranchal & Ors., (Appeal (Crl.) case No.1392 of 2007, decided on 09.10.2007 and Vikas Vs. State of Rajasthan, Criminal Appeal No.1190 of 2013, decided on 16.08.2013, wherein Hon'ble Apex Court held that in complaint cases, arrest warrant should not be issued straightaway.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. Considering the contentions put-forth by the counsel for the petitioners; taking into account the totality of facts and circumstances of the case; the ratio laid down by Hon'ble Apex Court in the cases (referred to supra), this court deems it just and proper to dispose of this bail application with a direction that petitioners shall appear before the learned trial court on or before 29.09.2023 and submit their bail bonds. Learned trial court is directed to accept their bail bonds.
5. Till 29.09.2023 warrant of arrest shall be kept abeyance.
6. With the aforesaid directions, this criminal misc. bail application is disposed of.
(ANIL KUMAR UPMAN),J 206-Nirmala (Downloaded on 11/11/2023 at 07:56:58 PM) Powered by TCPDF (www.tcpdf.org)