Rajesh Chauhan vs State Of Rajasthan (2023:Rj-Jd:43141)
2023 Latest Caselaw 10561 Raj

Rajasthan High Court - Jodhpur

Rajesh Chauhan vs State Of Rajasthan (2023:Rj-Jd:43141) on 11 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:43141]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6905/2023

Rajesh Chauhan S/o Sh. Gulab Singh, Aged About 32 Years, R/o
Pilwa House Mahamandir Chouraha PS Mahamandir Jodhpur
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Kailash Murari Verma, Accountant Pali Urban Cooperative
         Bank Pali
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Gopal Sandu
For Respondent(s)         :     Mr. Mukhtiyar Khan, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

11/12/2023

1. Heard learned counsel for the petitioner as well as learned

Public Prosecutor and gone through the material as made

available to this Court more particularly the judgments on

acquittal dated 17.08.2023 and 21.11.2022.

2. It is reflecting from the perusal of the record that for the

allegation of committing offence of cheating and forgery, six

persons were charge-sheeted through two different charge-

sheets. Both the cases were separately proceeded and

decided. In both the cases, all the accused persons have been

acquitted from the charges. The investigation had been kept

pending against the petitioner under sub-clause (viii) of

Section 173 of the Cr.P.C. whereafter he was charge-sheeted.

However, during the course of the proceedings due to his

absence, his bail bonds were forfeited and he was proclaimed

[2023:RJ-JD:43141] (2 of 2) [CRLMP-6905/2023]

as an absconder on 16.03.2018. The reason shown by learned

counsel for the petitioner for absence of the accused on the

date fixed before the trial Court seems to be genuine,

therefore, a lenient view would be required to be taken. Thus,

it is directed that the petitioner shall appear before the

learned trial Court on or before 12.01.2024 and move a

regular bail application.

3. Upon his appearance as well as moving a regular bail

application, the learned trial Court shall release him on bail

on the very same day; on the amount of surety and bond as

it deems appropriate.

4. Till 12.01.2024, the warrant issued against the petitioner

shall not be executed.

5. Accordingly, the instant petition is disposed of.

6. The stay petition also stands disposed of.

(FARJAND ALI),J 686-Ashutosh/-

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