Rajasthan High Court - Jodhpur
Tushar Kothari vs State on 20 October, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. (Transit) Bail Application No. 9826/2021
Tushar Kothari S/o Shri Dilip Kothari, Aged About 26 Years, R/o
12-B, Civil Lines, Old Residency Road, Jodhpur (Raj.)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Muktesh Maheshwari with
Mr. Aidan Choudhary
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
20/10/2021
Defects have been pointed out by the Registry.
Learned counsel for the petitioner stated that so far as defect
No.1 is concerned, the present application is for transit bail,
hence, the defect pointed out by the Office is not tenable and in
regard defect No.2, translated copy of the FIR has been submitted
by him which is available at page 10 to 17 of the bail application.
In view of the above, defects pointed out by the Registry are
ignored.
This application for transit bail has been filed by the
petitioner apprehending his arrest in connection with
F.I.R.No.29/2021 registered at Police Station East Syeber Mumbai
(Maharastra) for the offences under Sections 420 and 34 of IPC
and Section 66 (D) of the IT Act.
Heard learned counsel for the petitioner and learned public
prosecutor.
(2 of 3) [CRLMB-9826/2021]
Learned counsel for the petitioner stated that this is a
dispute related to money transaction; FIR has been registered in
Maharastra; petitioner is resident of Jodhpur (Rajasthan). In
support of his arguments, learned counsel relied upon the
judgments passed by this Court at Jaipur Bench in the case of
Banwari Lal Kushwah Vs. State of Raj. reported in 2014(2) RLW
1849 (Raj.) and in the case of Mahesh Kumar Sharma Vs. State of
Rajasthan reported in 2005 WLC Raj UC 690. With these
submissions, learned counsel prays that a transit bail for a period
of 33 days may be granted to the petitioner so that he can appear
before the competent jurisdiction and seek appropriate remedy
available under the law.
The learned Public Prosecutor opposes the bail and stated
that transit bail may be granted for a limited period.
Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced by learned
counsel for the petitioner & and also the judgments cited by
learned counsel for the petitioner, this Court is of the opinion that
it is a fit case for grant of transit bail to the petitioner for a period
of four weeks from today under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed
that in the event of arrest of the petitioner - Tushar Kothari S/o
Shri Dilip Kothari resident of 12-B, Civil Lines, Old Residency
Road, Jodhpur (Raj.) in relation to F.I.R.No.29/2021 registered at
Police Station East Syeber Mumbai (Maharastra) for the alleged
offences under Sections 420 and 34 of IPC and Section 66 (D) of
the IT Act, he shall be released on bail for a period of four weeks
from today, provided he furnishes a personal bond in the sum of
₹50,000/- (Rupees Fifty Thousand) along with two sureties of
(3 of 3) [CRLMB-9826/2021]
₹25,000/-(Rupees Twenty Five Thousand Only) each to the
satisfaction of the concerned Investigating Officer/S.H.O. with the
stipulation that during this period he will not interfere with the
investigation and co-operate in the investigation and will not leave
the country without prior permission of this Court as long as this
order remains in force. The petitioner may approach the
appropriate Court in the State of Maharashtra within the aforesaid
period of four weeks. This order shall remain in force only up to
20.11.2021, thereafter, it shall stand cancelled automatically.
(DEVENDRA KACHHAWAHA),J
229-Arvind/-
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