Rajasthan High Court - Jaipur
Nanchilal@Nanuram And Ors vs State Of Rajasthan Through Pp on 7 February, 2018
Author: G.R. Moolchandani
Bench: G.R. Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 1727 / 2018
1. Nanchilal @ Nanuram S/o Late Shri Ramnath B/c Dhanka, R/o
Village Bhatawala, Tehsil Sanganer, Distt. Jaipur.
2. Ramkishore S/o Late Shri Prabhat B/c Dhanka, R/o Village
Bhatawala, Tehsil Sanganer, Distt. Jaipur.
3. Babulal S/o Late Shri Prabhat B/c Dhanka, R/o Village
Bhatawala, Tehsil Sanganer, Distt. Jaipur.
----Petitioners
Versus
State of Rajasthan Through P.P.
----Respondent
Connected With S.B. Criminal Miscellaneous Bail No. 1728 / 2018 Suresh Kumar Dhanka
----Petitioner Versus State Of Rajasthan Through Pp
----Respondent _____________________________________________________ For Petitioner(s) : Mr. Amit Ratnawat For Respondent(s) : Mr. Rishi Raj Singh, PP _____________________________________________________ HON'BLE MR. JUSTICE G.R. MOOLCHANDANI Order 07/02/2018 Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material on record.
Petitioner has filed this petition u/s 438 CrPC apprehending his arrest in connection with FIR No. 228/2012 registered at Police Station Sanganer Sadar, Jaipur City (East) for the offence/s (2 of 3) [ CRLMB-1727/2018] punishable u/s 420, 467, 468, 471 and 120-B of IPC.
Learned counsel for the petitioners has contended that three of the co-accused persons, Govindi, Nanchi Devi, Savitri @ jayatri have already been granted pre-arrest bail by this court on 02.01.2018 and has further contended that in 2012 FIR reciting similar allegations was lodged and a negative final report was submitted by the Investigating Agencies and after lapse of five years, application for re-investigation has been preferred and now investigation is being carried out, so present petitioners have apprehended arrest and have moved application seeking pre-arrest bail.
Learned Public Prosecutor has opposed the bail application. Counsel for the petitioners has placed on record copy of final report and copy of order dt. 11.05.2017, which goes to substantiate the arguments advanced that the Investigating Officer had filed final report No. 133 on 31.12.2012 concluding that the matter was of civil nature and the court concerned subsequently on 11.05.2017 passed an order to re-investigate FIR No. 228/12.
Having regard to totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, the petition seeking pre-arrest bail is allowed and it is directed that in the event of arrest of petitioners Nanchilal @ Nanuram S/o Late Shri Ramnath, Ramkishore S/o Late Shri Prabhat, Babulal S/o Late Shri Prabhat and Suresh Kumar Dhanka S/o Narayan they shall be enlarged on bail provided the petitioners furnish a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of the (3 of 3) [ CRLMB-1727/2018] concerned Investigating Officer/SHO on the following conditions :-
1. Petitioners shall co-operate with Investigating Agency and shall be available for interrogation by a police officer as and when required;
2. Petitioners 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 and shall not tamper with the evidence.
3. Petitioners shall not leave India without the previous permission of the Court.
(G.R. MOOLCHANDANI)J. Ashu/17-18