Sanjay S/O Moolchand vs State Of Rajasthan
2021 Latest Caselaw 6874 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Third Bail Application No.
                              17814/2021

Sanjay S/o Moolchand, R/o Plot No.12, Jain Colony, Jhotwara
Thana Jhotwara Dist. Jaipur, Raj. (At Present In Confined At Sub
Jail Neem Ka Thana)
                                                                       ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                     ----Respondent

For Petitioner(s) : Mr. Shyam Bihari Gautam For Complainant(s) : Mr. Sunil Kumar Jain For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

24/11/2021

1. Petitioner has filed this third bail application under Section

439 Cr.P.C.

2. F.I.R. No.275/2019 was registered at Police Station

Ajeetgarh, District Sikar for offence under Sections 420, 406, 467,

468, 471 & 120-B I.P.C.

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

has remained in custody for a period of about sixteen months.

Petitioner was permitted to move third bail application after

recording of statement of principal witness but principal witness is

not turning up before the Court rather he has given an application

in the Court that he will give statement only after the investigation

pending under Section 173 (8) of Cr.P.C. is completed. It is also

(2 of 2) [CRLMB-17814/2021]

contended that no amount was received by the petitioner and co-

accused Israr Khan, Yogendra @ Fauji and Deepak Kumar have

been enlarged on bail. It is further contended that offence is

triable by First Class Magistrate.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the third bail application. It is contended that

petitioner posed himself as director of the company and sold the

property of the complainant-company.

5. I have considered the contentions.

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

custody for a period of about sixteen months, co-accused have

been enlarged on bail, principal witness is not turning up to give

evidence and offence is triable by First Class Magistrate, I deem it

proper to allow the third bail application.

7. This third bail application is, accordingly, allowed 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 /20

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