Rajasthan High Court
Sharvanlal Chopra S/O Sh. ... vs State Of Rajasthan on 23 February, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous IV Bail Application No. 3012/2021
Sharvanlal Chopra S/o Sh. Rameshwar Lal, Aged About 35 Years,
R/o Mundiyagarh Ps Renwal Dist. Jaipur
(At Present In Sub Jail Sambharlake Dist. Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. A.K. Gupta Sr. Adv. with
Mr.
For Respondent(s) : Mr. Ramesh Choudhary, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
23/02/2021
1. This fourth bail application has been filed under Section 439
CrPC in connection with FIR No.211/2019 registered at Police
Station- Renwal, Dist. Jaipur (Rural) for the offences under
Section 420, 406 and 120-B IPC and under Section 66C and 66D
of Information and Technology (Amended) Act, 2008.
2. Learned counsel for the petitioner submits that allegations
against the petitioner are under Section 406, 420 IPC and the
petitioner is in jail since 17.12.2019. Learned counsel submits that
in view of the provisions contained under Section 437(6) Cr.P.C.,
the petitioner is liable to be released from custody as the trial has
not been concluded within the period of 60 days from the first
date fixed for taking evidence in the case. It is stated that the first
date fixed for taking evidence was 18.12.2020 and more than 60
days have lapsed thereafter and the trial has not been concluded.
Learned counsel submits that taking into consideration the nature
(2 of 2) [CRLMB-3012/2021]
of allegations and that the offences are triable by Magistrate, the
petitioner ought to be released on bail in light of the judgment
passed by the Supreme Court in the case of Sanjay Chandra
Versus Central Bureau of Investigation reported in AIR 2012
SC 830 and other connected appeals.
3. Per contra, learned Public Prosecutor opposes the bail
application and submits that there are direct allegations against
the petitioner. Witnesses have been examined only from
20.1.2021 and therefore, the provision of Section 437(6) Cr.P.C.
would not apply. He further submits that an application for
releasing the petitioner under Section 437(6) Cr.P.C. ought to be
moved before the concerned Magistrate.
4. I have considered the submissions.
5. Without going into the merits of the case and taking into
consideration that the petitioner is incarceration for more than one
year now and the offence is triable by Magistrate.
6. Keeping in view the observations made by Supreme Court in
the case of Sanjay Chandra Versus Central Bureau of Investigation
(supra), I am inclined to allow this bail application. It is ordered
that accused petitioner Sharvanlal Chopra S/o Sh. Rameshwar Lal,
shall be released on bail under Section 439 CrPC in connection
with aforesaid FIR provided he furnishes a personal bond of
Rs.50,000/- with two sureties in the like amount to the
satisfaction of the concerned Magistrate with the stipulation that
he shall comply with all the conditions laid down under Section
437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J
ashu /18
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