Pawan Solanki vs State Of Rajasthan
2021 Latest Caselaw 9759 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5502/2021

Pawan Solanki S/o Lal Singh Solanki, Aged About 29 Years, R/o Padala Bera P.s. Mandore, Jodhpur (Raj.) (Presently Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Vineet Jain (through VC) For Respondent(s) : Mr. Farzand Ali, G.A.c-um-A.A.G.

Mr. Laxman Solanki, PP Mr. Idan Choudhary (through VC)

HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)

Judgment

08/06/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.32/2020, Police Station Mandore, District Jodhpur for

offences under Sections 364A, 323, 143, 384, 386 & 394 of the

IPC

Heard learned counsel for the parties and perused the

material available on record.

The petitioner is in judicial custody in connection with the

above FIR. Learned court below rejected the bail of the petitioner

primarily for the reason that he has significant criminal

antecedents.

Learned counsel Shri Jain urges that the bail applications of

the co-accused Mukesh @ Rajeev Panwar, Pawan Kumar Sankhla

(2 of 3) [CRLMB-5502/2021]

and Kuldeep Solanki have been accepted by this Court. The FIR

came to be lodged after a delay of two days. The incident is said

to have taken place on 29.01.2020 whereas the complainant who

was a free-bird, lodged the FIR at the Police Station Mandore on

31.01.2020. He further urges that story set out in the FIR and the

statement of the complainant that the petitioner extorted a sum of

Rs.8,00,000/- from him as protection money for allowing him to

run his electric shop is absolutely false and concocted. In this

regard, Shri Jain drew the Court's attention to the statement of

the witness Kalu @ Pritam Gehlot who allegedly procured the sum

of Rs.8,00,000/- and gave the same to the complainant Kamlesh

who in turn handed over the same to the petitioner. In the

statement, the witness Kalu admitted that Pawan Solanki told him

that he had facilitated recovery of a blocked amount of Kamlesh

from a party in Osiyan and a sum of Rs.4,00,000/- was his

remuneration out of the said transaction and an additional amount

of Rs.4,00,000/- had been imposed way of penalty because the

remuneration was not paid in time. Shri Jain urges that as this

version of Kalu was not controverted by the first informant,

present at the spot, it is apparent that the theory set out in the

FIR that the petitioner demanded protection money to the tune of

Rs.8,00,000/- from the complainant is false and concocted. He

thus urges that the petitioner who is in judicial custody deserves

indulgence of bail.

Learned Public Prosecutor and learned counsel for the

complainant vehemently and fervently opposed the submissions of

the petitioner's counsel. However, they too are not in a position to

dispute the fact that the FIR came to be lodged after two days of

the incident. It is also clear that the theory put-forth by the

(3 of 3) [CRLMB-5502/2021]

complainant in the FIR and his statement under Section 161

Cr.P.C. that the petitioner was demanding protection money from

the complainant for allowing him to run his business becomes

doubtful when the statement of the witness Kalu who brought

money at the spot is seen. No doubt, the petitioner does have

criminal antecedents but is in custody for the last four months.

Charge-sheet has been filed. Co-accused Mukesh @ Rajeev

Panwar, Pawan Kumar Sankhla and Kuldeep Solanki have been

enlarged on bail. Only one bruise was found on the body of the

injured when he was medically examined. I am of the view that

doubtful circumstances exist in the prosecution case as per the

statement of witness Kalu @ Pritam Singh Gehlot entitle the

petitioner to indulgence of bail.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioner.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioner Pawan Solanki S/o Shri Lal Singh Solanki

arrested in connection with the F.I.R. No.32/2020 registered at

Police Station Mandore, District Jodhpur shall be released on bail

provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- each to the satisfaction of the learned

trial court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so..

(SANDEEP MEHTA ),VJ 2-Sudhir Asopa/-

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