Vikramjit Bishnoi vs State (2023:Rj-Jd:38892)
2023 Latest Caselaw 9177 Raj

[2023:RJ-JD:38892]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6376/2019

Vikramjit Bishnoi S/o Shri Krishna Lal, Aged About 32 Years, B/c Bishnoi, R/o Ward No. 01, Longwala, Tehsil Pilibangan, District Hanumangarh (Raj.).

----Petitioner Versus

1. State, Through P.p.

2. Gurpreet Singh S/o Shri Jeet Singh, B/c Jat Sikh, R/o 43 Gb, Srivijaynagar, District Sri Ganganagar (Raj.).

----Respondents

For Petitioner(s) : Mr. Dhirendra Singh, Senior Advocate, assisted by Ms. Priyanka Borana For Respondent(s) : Mr. Mukhtyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/11/2023

1. Learned counsel for the petitioner submits that the offences

involved in case are triable by a Court of Magistrate, for which the

provisions contained under Section 41 and 41A of the CrPC are

applicable mutatis mutandis and the judgment rendered by

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

Bihar [AIR 2014 SC 2756] applies squarely in the present case,

therefore, the instant criminal miscellaneous petition may be

disposed of with appropriate directions to protect the petitioner

from arrest in the eventuality of filing of charge-sheet against him.

2. Having heard and considered the submissions advanced by

the learned counsel for the parties, this court is of the opinion that

[2023:RJ-JD:38892] (2 of 2) [CRLMP-6376/2019]

the prayer made by the learned counsel for the petitioner is just

and reasonable.

3. Accordingly, the instant criminal miscellaneous petition is

disposed of with the direction that in the event of filing charge-

sheet against the petitioner, he shall be directed to remain present

before the court concerned on the date fixed for filing the charge-

sheet and he shall appear before the Court of Magistrate and then

move a regular bail application, whereafter the learned Magistrate

shall release the accused on bail on the very same day on the

amount of surety and bonds as he deems fit.

(FARJAND ALI),J 532-Pramod/-

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