Satya Narain Khatik vs State Of Rajasthan
2021 Latest Caselaw 10907 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appli No. 200/2021

Satya Narain Khatik S/o Sh. Heera Lal Khatik, Aged About 40 Years, Khari Ka Lamba, P.s. Gulabpura Dist. Bhilwara (Raj.).

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


For Petitioner(s)        :     Mr J.V.S. Deora
For Respondent(s)        :     Mr Mukhtiyar Khan, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

15/07/2021

This application has been moved in respect of order dated

05.07.2021 passed in S.B. Cr. Bail Application No.6960/2021.

Learned counsel for the petitioner submits that while the

petitioner had filed bail application under Section 438 CrPC

seeking anticipatory bail, which was granted by the Court,

inadvertently the order mentioned of bail granted under Section

439 CrPC and seeks correction of the order.

After examining the record, this Court is satisfied that the

order appears to has been wrongly typed, treating it a bail

application under Section 439 CrPC while it was actually an

application under Section 438 CrPC.

Accordingly, this application is allowed and it is ordered that

the order in the Bail Application No.6960/2021 signed on

(2 of 2) [CRLMA-200/2021]

05.07.2021 shall be treated as granting anticipatory bail to the

petitioner, in the following terms:

Therefore, this bail application filed under Section 438 CrPC

is allowed and it is directed that in the event of arrest of petitioner

Satyanarayan Khatik s/o Heera Lal Khatik in the aforesaid

FIR No.48/2021 of Police Station Gulabpura, District Bhilwara; he

shall be released on bail by the concerned SHO/Investigating

Officer, provided he furnishes a personal bond in the sum of Rs.

20,000/- with two sureties of the like amount to his satisfaction,

on the following conditions:

i) That the petitioner shall make himself available for interrogation by a police officer, as and when required;

ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer;

iii) That the petitioner shall not leave India without previous permission of the court;

iv) That the petitioner shall not commit any offence similar to the offence of which they are accused or suspected.

This order shall be treated as part of the order passed on

05.07.2021 in Cr. Misc. Bail Application No.6960/2021.

(SANJEEV PRAKASH SHARMA),J

93-MMA/-

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