Yogesh Agarwal vs State Of Rajasthan
2021 Latest Caselaw 19119 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 16674/2021

Yogesh Agarwal S/o Gopilal, Aged About 45 Years, R/o New Town Ganka, Abu Road, Dist. Sirohi. (Presently Lodged At Distt. Jail Sirohi)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr Pankaj Kumar Gupta For Respondent(s) : Mr Mohd. Javed Gauri - PP For Complainant Mr C.S.Kotwani

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

15/12/2021

The matter is listed today in "TO BE MENTIONED" category.

This bail application under Section 439 CrPC preferred by the

petitioner was listed before this Court on 14.12.2021 and after

hearing counsel for the parties for some time, this Court was of

the opinion that the case diary is required in this matter,

therefore, the following order was dictated to Jr. P.A. concerned:

"Call for case diary and list the matter on 17.12.2021."

However, due to inadvertence, instead of the order dictated,

the following order was typed out:

"Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No. 219/2021 of Police Station Aburoad, District Sirohi for the offence(s) punishable under Section(s) 420, 406 of IPC.

(2 of 2) [CRLMB-16674/2021]

He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate.

Learned Public Prosecutor has opposed the bail application(s).

Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Yogesh Agarwal S/o Gopilal, shall be released on bail in connection with FIR No. 219/2021 of Police Station Aburoad, District Sirohi provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial."

In view of the above, this Court is of the opinion that the

above mentioned mistake occurred due to inadvertence and the

same is required to be rectified.

Hence, the order dated 14.12.2021 is recalled and it is

ordered that the case diary of FIR No.0219/2021 of Police Station,

Sirohi be called for and the matter be listed on 17.12.2021.

The Registry is directed to inform the concerned court about

this order.

(VIJAY BISHNOI),J

masif/-PS

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