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BHERU LAL & ANR. v STATE - CRLMB Case No. 2498 of 2007 [2007] RD-RJ 3309 (12 July 2007)


(Bherulal and Anr. Vs. State of Rajasthan)

DATE OF ORDER : 12.7.2007


Mr. H.S.Balot for the petitioners.

Mr. Ashok Upadhayay, Public Prosecutor for State.

Heard learned counsel for the petitioners and public

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

Learned counsel for the petitioners submits that if at all there is allegation that the petitioner Bherulal and few Kanjar persons were counting the amount, but so far as petitioner No.2

Pannalal is concerned, even there is no suspicion against him.

I have carefully gone through the police investigation diary. Keeping in view the fact that petitioner No.1 Bherulal and few Kanjar persons were distributing the amount and from what source that amount came is a matter of investigation and there are number of cases against petitioner No.1 Bherulal for the similar offences, I do not find it a fit case to release petitioner

No.1 Bherulal on anticipatory bail. The bail application filed on behalf of petitioner No.1 Bherulal is therefore, dismissed.

So far as petitioner No.2 Pannalal is concerned, there appears to be no allegation against him as yet as per the police investigation diary. In this view of the matter, looking to the facts and circumstances of the case and having considered the oral arguments advanced by the parties, I consider it just and proper to allow the bail application filed by petitioner No.2

Pannalal under Section 438 Cr.P.C.

Accordingly, the bail application filed by the petitioner

No.2 u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Pannalal S/o Bherulal Gurjar in FIR

No. 198/2007 P.S. Chittorgarh, 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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