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Rajasthan High Court - Jaipur

Sukhram vs State Of Rajasthan Through Pp on 12 January, 2018

Author: Pankaj Bhandari

Bench: Pankaj Bhandari

 HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
          S.B. Criminal Miscellaneous Bail No. 211 / 2018
Sukhram S/o Mahendra, R/o Village Gothara, Mohabbatabad Distt.
Faridabad (haryana)
                                                       ----Petitioner
                               Versus
State of Rajasthan Through P.P.
                                                     ----Respondent

_____________________________________________________ For Petitioner(s) : Ms. Sunita Vashishtha For Respondent(s) : Mr. R.R. Singh Rathore, P.P. _____________________________________________________ HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 12/01/2018

1. Petitioner has filed this miscellaneous bail application under Section 438 Cr.P.C.

2. F.I.R. No. 120/2014 was registered at Police Station Bhiwari Phase-3, Distt. Alwar for offence under Sections 41, 42 of Forest Act and Sections 379 and 120-B of I.P.C.

3. It is contended by counsel for the petitioner that petitioner is a paralysis of part of his body and he is not in a position to move.

4. Learned Public Prosecutor has opposed the bail application. His contention is that petitioner is the owner of the vehicle and charge-sheet has been under Section 299 Cr.P.C. and appropriate remedy available to the petitioner is to appear before the concerned Court and move appropriate bail application.

5. I have considered the contentions.

6. Considering the contentions put forth by learned Public (2 of 2) [CRLMB-211/2018] Prosecutor, I am not inclined to allow the anticipatory bail application.

7. The anticipatory bail application is accordingly rejected.

8. However, if the petitioner surrenders before the Court below the Court should hear the bail application as far as possible on the same day.

(PANKAJ BHANDARI), J.

Amit/113