Rajasthan High Court - Jodhpur
Banwarlal vs State Of Rajasthan (2024:Rj-Jd:46102) on 14 November, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:46102]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 497/2022
Bhanwarlal S/o Mohan Lal Saran, Aged About 30 Years, B/c Jat,
R/o Sarno Ki Dhani, Village Kahira, Panchu, Dist. Bikaner,
Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kunal Bishnoi
For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order 14/11/2024
1. After arguing to some extent, learned counsel seeks withdrawal of the petition, but at the same time seeks benevolence of this Court for issuance of certain direction so that the fundamental as well as statutory rights of the petitioner may not go jeopardize.
2. Accordingly, the instant petition as well as stay petition are disposed of.
3. Noticing that there is no direct evidence to connect the petitioner showing his indulgence in commission of crime relatable to the transportation of narcotics substance, still the fact remains that the police has filed a charge-sheet by taking resort to Section 299 of Cr.P.C. and it is apprise to this Court by learned Dy.G.A. that a proceeding under Section 82, 83 of Cr.P.C. has also been commenced. After taking into account the totality of the facts and circumstance of the case, more particularly the deficit nature of (Downloaded on 18/11/2024 at 09:43:51 PM) [2024:RJ-JD:46102] (2 of 2) [CRLMP-497/2022] the evidence, so also the stage of the proceeding; I deem it appropriate to direct the petitioner to appear before learned trial court on or before 05.01.2025 and to move a regular bail application for his release on bail. Upon moving such an application, the learned Judge shall adhere with the jurisprudence of bail enunciated by Hon'ble Supreme Court as well as of this Court on several occasions, shall consider and decide the bail of the petitioner on very same day. It shall also be taken care by the learned Judge that the co-accused of this case have already been granted bail and thus, on the ground of parity he too have a strong case to plead for parity. The law enunciated by the Coordinate Bench of this Court vide order dated 25.01.2021 in case of Khet Singh Vs. State of Raj. in SB CRLMB No.861/2021 shall also be honored by the learned Judge. Upon the appearance of petitioner, the proceeding under Section 82, 83 Cr.P.C. shall be dropped, since the very purpose of commencement of proceeding under Section 82, 83 Cr.P.C. is only to compel the attendance of the accused.
4. Till 05.01.2025, the petitioner shall not be arrested in pursuance of the FIR No.125/2020 registered at PS Mahajan, Bikaner.
5. It is made clear that the petition is pending in this Court since 2022 and an interim stay order restraining the arrest was also in operation.
(FARJAND ALI),J 3-chhavi/-
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