Moolchand @ Moolya S/O Shyoram vs State Of Rajasthan ...
2023 Latest Caselaw 4761 Raj/2

[2023:RJ-JP:22085]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 10018/2023

1.       Moolchand @ Moolya S/o Shyoram, R/o Shivsinghpura,
         Lalsot, Dausa.
2.       Sanwalram @ Sanwlya S/o Shyoram, R/o Shivsinghpura,
         Lalsot, Dausa.
3.       Hajari Lal S/o Shyoram, R/o Shivsinghpura, Lalsot,
         Dausa.
4.       Heeralal S/o Shyoram, R/o Shivsinghpura, Lalsot, Dausa.
                                                                       ----Petitioners
                                          Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent

For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Sanjeev Mahala, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

12/09/2023

1. The instant pre-arrest bail application has been filed under

Section 438 Cr.P.C. on behalf of the petitioners, who are having

apprehension of their arrest in connection with Complaint

No.131/2014 pending before learned Additional Chief Judicial

Magistrate-I, Lalsot for the offences under Sections 420, 467, 468,

471 & 120-B of IPC.

2. Learned counsel for the petitioners submits that

accused-petitioners have falsely been implicated in this case. He

further submits that while taking cognizance, petitioners have

been summoned straightaway through warrant of arrest issued

vide order dated 23.01.2023. Learned counsel has relied upon the

[2023:RJ-JP:22085] (2 of 2) [CRLMB-10018/2023]

judgments of Hon'ble Apex Court in the case of Inder Mohan

Goswami & Anr. Vs. State of Uttranchal & Ors., (Appeal (Crl.)

case No.1392 of 2007, decided on 09.10.2007 and Vikas Vs.

State of Rajasthan, Criminal Appeal No.1190 of 2013, decided

on 16.08.2013, wherein Hon'ble Apex Court held that in complaint

cases, arrest warrant should not be issued straightaway.

3. Learned Public Prosecutor has vehemently opposed the bail

application.

4. Considering the contentions put-forth by the counsel for the

petitioners; taking into account the totality of facts and

circumstances of the case; the ratio laid down by Hon'ble Apex

Court in the cases (referred to supra), this court deems it just and

proper to dispose of this bail application with a direction that

petitioners shall appear before the learned trial court on or before

29.09.2023 and submit their bail bonds. Learned trial court is

directed to accept their bail bonds.

5. Till 29.09.2023 warrant of arrest shall be kept abeyance.

6. With the aforesaid directions, this criminal misc. bail

application is disposed of.

(ANIL KUMAR UPMAN),J

206-Nirmala

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