Rajasthan High Court - Jodhpur
Gaurav Maheshwari vs State Of Rajasthan on 1 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2853/2021
Gaurav Maheshwari S/o Sampat Lal Maheshwari, Aged About 31
Years, B/c Maheshwari, R/o C-71, Shanker Nagar, Pal Road,
Jodhpur. (Presently Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Anand Purohit, Sr. Advocate
assisted by Mr. Himanshu Purhoit
For Respondent(s) : Mr. Vikram Sharma, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/03/2021
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the petitioner has submitted that the
allegation against the petitioner of preparation and presentation of
a fake order of this Court is absolutely false. Learned counsel for
the petitioner has submitted that the petitioner has already filed a
complaint with the police while alleging that the said order is
prepared and furnished before the police authorities by the
persons who have filed FIRs against him. It is also submitted that
the petitioner is in no way benefited by preparing the said fake
order of this Court. It is further submitted that the petitioner has
falsely been implicated in this case whereas charge-sheet has
been filed against the petitioner for the offences which are triable
by Magistrate, therefore, the petitioner may be enlarged on bail.
(2 of 2) [CRLMB-2853/2021]
Learned Public Prosecutor has opposed the bail application
and argued that charge levelled against the petitioner is serious
one as he prepared a fake order of this Court through his relative.
It is also submitted that the petitioner was enlarged on bail by this
Court in some of cases of forgery, however, while out of jail, the
petitioner prepared a forged order of this Court in one of the
complaints pending against him and got produced it before the
police through his relative. It is also submitted that the said
relative of the petitioner in his police statements has clearly stated
that he has produced the documents before the police on
instruction of the petitioner only. Learned Public Prosecutor has
further submitted that the action of preparation of forged order of
this Court and to produce the same before the police authorities is
serious one, hence, he is not entitled to be enlarged on bail.
Having heard learned counsel for the parties and after going
through the material available on record, without expressing any
opinion on the merits of case, I am not inclined to grant bail to the
petitioner.
Accordingly, this bail application preferred on behalf of the
petitioner under Section 439 Cr.P.C. is rejected.
(VIJAY BISHNOI),J
72-akash/-
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