Ramchandra vs State Of Rajasthan
2022 Latest Caselaw 13559 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

...

S.B. Criminal Misc.(Pet.) No. 7107/2022

1. Ramchandra S/o Kesarimal, Aged About 76 Years, R/o

Binota Tehsil Nimbahera Dist. Chittorgarh

2. Sita Bai W/o Kishore, Aged About 40 Years, R/o Binota

Tehsil Nimbahera Dist. Chittorgarh

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Ashok Kumar S/o Shyamlal Mali, R/o Binota Tehsil

Nimbahera Dist. Chittorgarh

----Respondents

For Petitioner(s) : Mr. Pankaj Kumar Gupta. For Respondent(s) : Mr. Mukhtiyar Khan, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/11/2022

Learned counsel for the petitioners submits that the accused

persons, namely, Kishore and Ritik have been arrested and

released on bail. Learned counsel submits that the principal

accusations have been made against the aforesaid persons and no

specific role has been attributed to the present petitioners in the

entire FIR. Thus, learned counsel for the petitioners seeks

permission to withdraw the present Misc. Petition with liberty to

protect the rights of the petitioners.

Permission sought for is granted.

Hence, the instant Misc. Petition is dismissed as withdrawn.

Stay application also stands dismissed.

(2 of 2) [CRLMP-7107/2022]

However, in view of the provisions contained under Section

41 Cr.P.C. as well as considering the judgment rendered by

Hon'ble the Supreme Court in the case of Arnesh Kumar Vs.

State of Bihar reported in (2014) 8 SCC 273 which applies

squarely in this matter, the petitioners are directed to appear

before the Court concerned when the charge-sheet is proposed to

be submitted and in the event the charge-sheet is submitted, the

petitioners shall be released on bail upon furnishing bail bonds of

the amount satisfy the Court below.

The instant Misc. Petition is disposed of accordingly.

(FARJAND ALI),J 78-Mohan/-

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