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PADMARAM v STATE - CRLMB Case No. 3026 of 2007 [2007] RD-RJ 3298 (11 July 2007)


(Padma Ram Vs. State of Rajasthan)

DATE OF ORDER : 11/07/2007


Mr. J.S.Choudhary for the petitioner.

Mr. Ashok Upadhayay, Public Prosecutor for State.

Heard learned counsel for the petitioner and Public

Prosecutor for the State. Perused the order impugned and the police investigation diary.

It is contended by learned counsel for the petitioner that mainly the allegation is against Mahendra who has already been enlarged on bail under Section 438 Cr.P.C.

I have carefully gone through the statement of Mangilal and others. It appears that the vehicle was alleged to have been purchased by one Shivji Ram and the complainant is said to be adopted son of Shivji Ram and Shivji Ram is said to have expired. Be that as it may, after the death of Shivji Ram, the said vehicle was being used by Mahendra and it was Mahendra who took the jeep in question to Nagaur and got it registered in the name of the present petitioner who is about 70 years of age.

From the statements of witnesses it appears that it was

Mahendra who got the document transferred in the name of the present petitioner. Mahendra has already been released on bail.

Looking to the facts and circumstances of the case and the fact that Mahendra has already been released on bail and having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Padma Ram S/o Magna Ram in CR No. 39/2007 P.S. Bhavanda, Nagaur, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of

Rs.10,000/- along with one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-

(i)That he shall make himself available for interrogation by a police officer as and when required;

(ii)That 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 and;

(iii)That he shall not leave India without the previous permission of the Court.

The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail.

(H.R.PANWAR), J. rp


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