Naresh Vs. State of Rajasthan

Naresh vs State of Rajasthan

Type Court Judgment Court Rajasthan Decided Aug 28, 1992

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Citation: sooperkanoon.com/761339
Court: Rajasthan High Court
Judge: Mohini Kapur, J.
Decided On: Aug 28, 1992
Case Number: S.B. Criminal Misc. Bail Application No. 3008 of 1992
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code - Section 439--Bail--Maruti Car taken away at point of gun--Complainant not able to identify petitioner--Several cases pending against petitioner--Held, he be released on bail with heavy bail bonds and more conditions;The petitioner...while going to Delhi in a taxi car he, alongwith another m...

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Naresh

Respondent

State of Rajasthan

Legal References

Reported In: 1992WLN(UC)170

Excerpt

criminal procedure code - section 439--bail--maruti car taken away at point of gun--complainant not able to identify petitioner--several cases pending against petitioner--held, he be released on bail with heavy bail bonds and more conditions;the petitioner...while going to delhi in a taxi car he, alongwith another made the driver get out of the car at the point of a gun and then took away the car, which was a maruti van.;the complainant, who was the driver of the car has not been able to identified this petitioner several cases are said to be pending against this petitioner however, he has not been convicted in any case. considering the facts and circumstances, he can be released on bail with heavy bail bonds and more conditions.;bail granted - mohini kapur, j.1. the case against the petitioner is that while going to delhi in a taxi car he, alongwith another accused made the driver get out of the car at the point of a gun and then took away the car, which was a maruti van. the van was ultimately recovered after a month from a place under police station gannor (haryana) and as it was found that the accused had been driving the car, he was arrested. the complainant, who was the driver of the car has not been able to identify this petitioner several cases are said to be pending against this petitioner. however, he has not been convicted in any case. considering the facts and circumstances, he can be released on bail with heavy bail bonds and more conditions.2. it is, therefore, ordered that, the accused petitioner naresh be released on bail provided he furnished a personal bond in the sum of rs. 20,000/- (rupes twenty thousand) with two sureties in the sum of rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appeal before that court on all dates of hearing and as and when called upon to do so during the pendency of the trial of this case against him with the further conditions:(a) that the sureties shall be the persons having immovable property besides agricultural land within the jurisdiction of the trial court;(b) that the petitioner shall disclose his complete residential address duly verified by the police station under which he resides;(c) that he shall not change his place of residence without obtaining prior permission from the court.3. any default of any condition, the bail shall stand cancelled.

Full Judgment

Mohini Kapur, J.

1. The case against the petitioner is that while going to Delhi in a taxi car he, alongwith another accused made the driver get out of the car at the point of a gun and then took away the car, which was a Maruti Van. The Van was ultimately recovered after a month from a place under Police Station Gannor (Haryana) and as it was found that the accused had been driving the car, he was arrested. The complainant, who was the driver of the car has not been able to identify this petitioner Several cases are said to be pending against this petitioner. However, he has not been convicted in any case. Considering the facts and circumstances, he can be released on bail with heavy bail bonds and more conditions.

2. It is, therefore, ordered that, the accused petitioner Naresh be released on bail provided he furnished a personal bond in the sum of Rs. 20,000/- (Rupes Twenty Thousand) with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appeal before that court on all dates of hearing and as and when called upon to do so during the pendency of the trial of this case against him with the further conditions:

(a) that the sureties shall be the persons having immovable property besides agricultural land within the jurisdiction of the trial court;

(b) that the petitioner shall disclose his complete residential address duly verified by the police station under which he resides;

3. Any default of any condition, the bail shall stand cancelled.

Same Court & Year Rajasthan · 1992 Same Parties Naresh vs State of Rajasthan Same Subject Criminal Same Judge Mohini Kapur, J.

Criminal