Rajasthan High Court - Jaipur
Prem Chand vs C B I Through P P on 3 February, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Criminal IVth Interim Miscellaneous Bail No. 1448 / 2017
Prem Chand S/o Shri Puranmal B/c Soni, R/o 423, Jaildaar
Mohalla, Village Gopalganj, Tehsil Pahadi, District Bharatpur, Raj.
(At Present Confined At Central Jail, Jaipur, Raj.)
----Petitioner
Versus
The Central Bureau of Investigation Through Special PP.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Gopal Krishan Sharma For Respondent(s) : Mr. Ashwini Kumar Sharma _____________________________________________________ HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Order 03/02/2017 This IVth interim bail application has been filed by the applicant under Section 439 CrPC.
The First bail application filed by the applicant was dismissed as withdrawn vide order dated 5.10.20015, with liberty to the applicant to file a fresh bail application before the trial court upon the changed circumstances. Thereafter vide order dated 15.11.2016, IInd interim bail application filed by the applicant was dismissed as having become infructuous. Thereafter IIIrd interim bail application was also dismissed as withdrawn with the direction that the applicant would be free to file interim bail application before the trial court and the trial court was directed to decide the same, in accordance with law. Thereafter the applicant-petitioner filed an interim bail application before the Court below in order to attend the marriage ceremony of his eldest son Mohit @ Narayan, but the same has been dismissed vide order dated 13.1.2017.
(2 of 4) [CRLMB-1448/2017] Hence, this IVth interim bail application has been filed before this Court.
Learned counsel for the accused appellant has contended that applicant is in judicial lock up since long. He has further contended that applicant's eldest son Mohit @ Narayan is going to be married on 5 th February, 2017 at Alwar. He has submitted the affidavit of Bhuwnesh Kumar Soni son of the accused applicant Prem Chand Soni mentioning therein that applicant Prem Chand Soni is required to attend the marriage and he is ready to bear the expenses, to be incurred on account of attending the marriage by the applicant. Learned counsel has further contended that although the procession of Bharat will start from Gopalgarh and will go to Alwar, but the applicant wants to attend the marriage at Alwar. In support of his contentions, learned counsel for the applicant has submitted the marriage card, from which it transpires that the marriage of Mohit @ Narayan S/o Prem Chand Soni is going to be solemnized on 5th February, 2017 at Alwar with Madhu @ Harshita. In this view of the matter, learned counsel has requested that on humanitarian ground this interim bail application may be allowed and the applicant may be permitted to attend the marriage of his eldest son for two days i.e. 5th Feb. 2017 and 6th Feb. 2017 and the applicant is ready to bear the expenses.
Learned Public Prosecutor has opposed the same.
Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, on humanitarian ground, I deem it fit and proper to release the accused applicant on interim bail for two days i.e. on 5th Feb. 2017 and 6th Feb. 2017.
For the aforesaid reason, this IVth interim bail application filed on behalf of the accused appellant is allowed and accused appellant Prem Chand S/o Shri Puran Mal, is (3 of 4) [CRLMB-1448/2017] ordered to be released on interim bail for 2 days i.e. 5 th Feb. 2017 and 6th Feb. 2017 on following conditions:
i) He shall be released on interim bail for 2 days i.e. 5 th Feb. 2017 and 6th Feb. 2017, provided he furnishes a personal bond of Rs. 5,00,000/- (Rs. Five Lakh) with two sureties of the like amount to the satisfaction of the learned trial Court.
ii) The applicant will get deposited the expenses to be incurred for the purpose of going to Alwar and coming back to Jaipur, by Car/Jeep, till tomorrow with the concerned Jail Superintendent/Court below.
Iii) The applicant will also get deposited the expenses to be incurred on 1+ 4 guards, to be deputed by concerned Jail Superintendent in order to take the applicant to Alwar to attend the marriage of his eldest son and to take him back to Jaipur.
iv) The 1+4 guards, who will be deputed by the concerned Jail Superintendent, will inform to the concerned Police Station of Alwar in this regard and the SHO concerned is directed to make available the boarding and lodging to the applicant as well as 1+4 guards for one night only i.e. 5th Feb. 2017, at Alwar at the expenses of the applicant.
v) The applicant will not commit any offence during the period of interim bail. If he commits any offence during the period of interim bail, then the order passed by this Court shall stand automatically cancelled.
vi) The applicant will be released from Jail concerned for the purpose of attending the marriage of his eldest son in the morning of 5th Feb. 2017 only after furnishing the (4 of 4) [CRLMB-1448/2017] bail bonds and on deposition of necessary expenses, as directed above.
The affidavit filed by Bhuwnesh Kumar Soni S/o Prem Chand Soni as also the marriage card of Mohit @ Narayan, shall be kept on record.
(MAHESH CHANDRA SHARMA)J. DK