Rajasthan High Court - Jodhpur
Shyam Thanvi vs State on 18 September, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 6922 / 2017
Shyam Thanvi S/o Late Shri Srichandji Thanvi, C/o R.T.D.C. Hotel,
Mumal Parisar, Jaisalmer.
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. S.D. Purohit
For Respondent(s) : Mr. S.K.Vyas, AAG, with Mr.J.P. Bhardwaj,
P.P., for the State
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 18/09/2017 This pre-arrest bail application under Section 438 Cr.P.C. is laid by the petitioner arising out of FIR No.283/2014, registered at Police Station Sadar, District Pali. In the FIR, petitioner is charged for offences punishable under Sections 420, 406, 409, 467, 468, 471 & 120-B IPC.
It is argued by learned counsel that petitioner has been falsely implicated in the matter. Learned counsel has also submitted that co-accused Vasudev Sharma and Dheeraj Sharma, have been granted regular bail in the matter. Learned counsel has also argued that pursuant to the interim direction of this Court, petitioner has already joined the investigation and he has been thoroughly interrogated by the Investigating Officer. It is in that background, learned counsel has submitted that looking to the alleged criminal delinquency attributed to the petitioner, now his (2 of 2) [CRLMB-6922/2017] custodial interrogation is not required.
Learned Additional Advocate General has formally opposed the bail application of petitioner.
Having regard to the facts and circumstances of the case, while refraining to make any comment on merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner.
Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner, Shyam Thanvi S/o Late Shri Srichandji Thanvi, in connection with FIR No.283/2014, Police Station Sadar, District Pali, shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on following conditions:-
(i) He shall make himself available for interrogation by Investigating Officer as and when required;
(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(iii) He shall not leave India without previous permission of the court.
(P.K. LOHRA)J. Bharti/155