Madan S/O Shri Prakash vs State Of Rajasthan
2021 Latest Caselaw 926 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Fourth Bail Application No.
                                   940/2021

Madan S/o Shri Prakash, Aged About 25 Years, R/o Vill. Chanana
Tehsil And Ps Chirawa Dist. Jhunjhunu Presently R/o 3/185
Housing Board Jhunjhunu Raj. (At Present Confined In Central
Jail Jaipur)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent

For Petitioner(s) : Mr. Girish Khandelwal present in the Court For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/01/2021

1. Petitioner has filed this fourth bail application under Section

439 Cr.P.C.

2. F.I.R. No.123/2020 was registered at Police Station Choki,

Anti Corruption Bureau, Jhunjhunu ACB Jaipur for offence under

Sections 7 of P.C. Act.

3. It is contended by counsel for the petitioner that petitioner

has remained in custody for a period of more than six months.

Prosecution sanction has not been received yet. It is contended

that the Court cannot take cognizance till a prosecution sanction is

filed.

4. Learned Public Prosecutor has opposed the fourth bail

(2 of 2) [CRLMB-940/2021]

application.

5. I have considered the contentions.

6. Taking note of the fact that the petitioner has remained in

custody for a period of six months and prosecution sanction has

not been filed till date, as per counsel for the petitioner, I deem it

proper to allow the fourth bail application.

7. This fourth bail application is allowed subject to condition

that if prosecution sanction is not filed as on date, petitioner

should be released on bail and it is directed that accused-

petitioner shall be released on bail provided he furnishes a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only)

together with two sureties in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) each to the satisfaction of the trial Court with the

stipulation that he shall appear before that Court and any Court to

which the matter be transferred, on all subsequent dates of

hearing and as and when called upon to do so.

(PANKAJ BHANDARI),J

ARTI SHARMA /83

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