Bharmal vs State
2021 Latest Caselaw 11880 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Bail Cancellation Application No. 5/2021

Bharmal S/o Surja Ram Bishnoi, Aged About 61 Years, Rotu, P.s. Jayal, District Nagaur.

----Petitioner Versus

1. State, Through P.p.

2. Rakesh S/o Shri Bharmal, Rotu, P.s. Jayal, District Nagaur.

----Respondents Connected With S.B. Criminal Bail Cancellation Application No. 7/2021 Bharmal S/o Surja Ram Bishnoi, Aged About 61 Years, Rotu, P.s. Jayal, District Nagaur.

----Petitioner Versus

1. State, Through P.p.

2. Ashok S/o Shri Bharmal, Aged About 26 Years, Rotu, P.s.

Jayal, District Nagaur.

----Respondents

For Petitioner(s) : Mr. Jamwant Gurjar For Respondent(s) : Mr. Anil Joshi, PP Mr. Vinod Sharma (through VC)

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

29/07/2021

The respondents Rakesh and Ashok were granted bail by this

Court vide order dated 12.03.2018 passed in S.B. Criminal Misc.

Bail Application No.712/2018 and order dated 04.09.2019 passed

in S.B. Criminal Misc. Bail Application No.8483/2019 respectively.

The petitioner has approached this Court by way of these

two applications under Section 439 (2) Cr.P.C. seeking cancellation

(2 of 2) [CRLBC-5/2021]

of bail granted to the accused-respondents on the premise that

after being released on bail, the respondents have been

charge-sheeted in connection with FIR No.51/2020 registered at

Police Station Jayal, District Nagaur for the offences under

Sections 143, 447, 427 and 34 IPC.

Having heard and considered the submissions advanced by

learned counsel for the parties, I am of the opinion that there is

no justification for this Court to reach to a conclusion that the

accused respondents misused the liberty of bail granted to them

by this Court. The FIR (No.51/2020) which has been registered

against the accused respondents is relating to rival claims of the

parties over the property in question. In this background, I am not

inclined to accept both these applications for cancellation of bail,

which are rejected as being devoid of merit.

(SANDEEP MEHTA),J 5-Sudhir Asopa/-

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