Rameshwarlal Suthar vs State
2022 Latest Caselaw 6713 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4955/2022

(Transit bail)

Rameshwarlal Suthar S/o Sh. Babulal, Aged About 29 Years, B/c Suthar R/o Vill. Dujasar Madpura Tehsil Khinwsar Dist. Nagaur Raj.

                                                                   ----Petitioner
                                    Versus
State, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr Harish Purohit
For Respondent(s)         :     Mr S.K. Bhati, Public Prosecutor



               HON'BLE MR. JUSTICE FARJAND ALI

                          Judgment / Order

07/05/2022

The defects pointed out by the Registry is that the FIR

No.14/2022 is registered at Police Station Oshiwara, District

Mumbai (Maharashtra), which is out of the jurisdiction of this

Court. Indisputably, the petitioner is seeking a transit bail for a

limited period so that he can be able to approach the court having

the territorial jurisdiction. Thus, the defect is over-ruled.

Heard learned counsel for the petitioner and the learned

Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submits that the petitioner

is a permanent resident of village Dujasar of District Nagaur in the

State of Rajasthan. He is serving as Doctor in the Indian Army and

presently deployed at Pokaran (Rajasthan). His marriage with the

complainant of this case got solemnized on 01.02.2017 as per

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Hindu rituals. The marriage was solemnized at village Mulwas

Silwa of District Bikaner.

Learned counsel submitted that owing to some discord of

common petulance and temperamental differences, the

relationship between the spouses could not continue harmonically

and thus, the wife moved a petition for dissolution of the marriage

under Hindu Marriage Act. The Divorce petition as well as the

maintenance petition were filed at Mumbai. Since the petitioner

wants to continue the marital tie, therefore, he moved a petition

for restitution of conjugal rights in the court of Additional District

Judge No.1, Nagaur and the same is pending adjudication.

Learned counsel further submits that the petitioner always

kept his wife in high esteem, however, since she was no more

desirous to live with him, therefore, she left the matrimonial home

at her own accord and now just with a view to spite, harass and

bring the petitioner to her desired terms, she has lodged an FIR in

the territorial jurisdiction of the State of Maharashtra.

Learned counsel submits that the petitioner is a respectable

person in the society and his arrest in this matrimonial dispute

may cause incalculable harm to his reputation and his self-esteem

as well as his service career would likely to be ruined on account

of his unlawful arrest. He further submits that although in view of

the provisions contained in Sec.41 CrPC and the guiding principles

enunciated by the Hon'ble Supreme Court in the case of Arnesh

Kumar Singh Vs State of Bihar: 2013 (8) SCC 273, the arrest

was not imperative yet the petitioner apprehends that the

Maharashtra Police, in connivance with complainant's family, may

arrest him. He is desirous to approach the competent Sessions

court for protection under Sec.438 CrPC yet apprehends that in

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the event he moves to that area, he can be arrested and

therefore, a transit bail for limited period may be granted to him.

Learned counsel for the petitioner submits that there are

judicial pronouncements, ruling the notion that another High Court

can also grant interim protection from arrest to the petitioner till

he approaches the competent court having territorial jurisdiction.

Reliance is placed on Banwari Lal Kushwah Vs State of Rajasthan:

2014 (2) RLW 1849 (Raj) and Mahesh Kumar Sharma Vs State of

Rajasthan, reported in 2005 WLC (Raj) UC 690.

Per contra, learned Public Prosecutor opposed the bail.

However, he too does not dispute that this Court has jurisdiction

to grant protection from arrest to the accused-petitioner outside

the State for a limited period.

Considering the over all submissions and looking to totality

of the facts & circumstances of the case, more particularly the fact

that the petitioner is a serving Doctor in the Indian Army, a public

servant and he is made accused in a matrimonial dispute, I deem

it appropriate to grant transit bail to the petitioner, for a limited

period of 40 days from today.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of the petitioner- Rameshwar Lal Suthar

s/o Shri Babu Lal, in connection with the FIR No.14/2022 dated

07.01.2022 registered at Police Station Oshiwara, District Mumbai

(Mahrashtra) for offence under Sections 498A, 323, 504, 506,

506(II), 34 IPC, he shall be released on bail forthwith, provided he

furnishes a personal bond in the sum of Rs.50,000/- (rupees Fifty

Thousand) with two sureties in the sum of Rs.25,000/- (rupees

Twenty Five Thousand) each, to the satisfaction of concerned

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Investigating Officer/SHO, for a period of 40 days with the

following conditions:

It is made clear that the effect of the interim bail from arrest

shall be for limited period of 40 days from today and this interim

bail stand ceased automatically after 40 days.

Further, during the period of bail, the petitioner will not

interfere with the investigation and shall cooperate in the

investigation.

He shall not leave the Country without prior permission of

the 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.

(FARJAND ALI),J 96-MMA/-

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