Rajasthan High Court - Jodhpur
Rameshwar Jangra vs State Of Rajasthan on 13 August, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2946/2021
Rameshwar Jangra S/o Shri Budharam, Aged About 41 Years,
Caste Jangid, Resident Of House No. - 75/239, Ambika Ashram
Ke Pass, Banar Road, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Suman W/o Shri Ramesh Jangra D/o Shri Mahesh
Sharma, Caste Suthar, Resident Of - 108, Baba Ramdev
Colony, Suthla, Choupasani Road, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Hasti Mal Saraswat
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. Deepak Menaria a/w Mr.Praveen
Bhati.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/08/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
The matter comes up on application (Inward No.01/2021) for
directing the Police Authority to withdrawal of Look Out Circular
(LOC) issued against the present petitioner.
Learned counsel for the petitioner submits that his right to
livelihood shall be defeated if he is not allowed to go out. Learned
counsel for the petitioner has also thrashed out his facts in which
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he has vehemently submitted that petitioner is innocent and has
been victimized and harassed by his wife.
Learned P.P. submits that the charge-sheet is ready to be
filed.
Learned counsel for the complainant opposes the application.
After going through the facts of the case, the instant
application filed by the petitioner is hereby allowed in the following
terms :-
1. That the petitioner Shri Rameshwar Jangra and his father Shri
Budha Ram shall submit separate undertakings in the trial court
that the petitioner Rameshwar Jangra shall remain present in the
trial court on the date, his statement is to be recorded under
Section 313 Cr.P.C. in these proceedings and on the day of
pronouncement of final judgment.
2. That the petitioner Rameshwar Jangra shall instruct his lawyer
in the trial court to represent him on each and every date of
hearing and to ensure that the proceedings of trial are not
hindered on account of his absence before the court.
3. That the petitioner Rameshwar Jangra shall deposit an FDR in
the sum of Rs.10 lacs drawn in the name of the complainant
respondent No.2 Smt.Suman for a period of two years and to be
renewed thereafter, in the trial court with an understanding that in
case, he fails to appear in the court below as and when called
upon to do so, or fails to comply with terms and conditions
stipulated by this Court, the said FDR shall be encashed and be
paid to the complainant Smt.Suman.
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4. That the petitioner shall furnish a personal bond in the sum of
Rs.10 lacs and two surety in the like amount to the satisfaction of
the trial court for ensuring compliance of the above conditions.
The effect and operation of the LOC issued against the
petitioner regarding the present case shall remain stayed if the
aforesaid conditions are fulfilled.
It is made clear that earlier order directing that the charge-
sheet shall not be filed is modified and the result of the
investigation whatever, is permitted to be filed before the
competent Court.
The present order shall come into application after fifteen
days. The prosecution shall be free to file the result of the
investigation within a period of ten days. In case, they are not
able to make such result, the prosecution shall give a date to the
petitioner by giving him 15 days' prior notice.
It shall be open for the counsel for the petitioner to address
this Court upon the legality of the charge-sheet in case it is filed.
(DR. PUSHPENDRA SINGH BHATI),J.
117-SPhophaliya/Jitender/-
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