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Shivlal Vs. State of Rajasthan

Shivlal vs State of Rajasthan

Type Court Judgment Court Rajasthan Decided Sep 21, 2005
~2 min read
https://sooperkanoon.com/case/762073

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B. Criminal Misc. Bail Application No. 5332 of 2005
Subject
Criminal

Case Summary

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

- - 1. Heard learned Counsel for the petitioner as well as learned Public Prosecutor and perused the material available on the case diary. 15,000/- (Rupees Fifteen Thousand) together with one surety in the like sum to the satisfaction of the learned Trial Court for his appearance before that court on all dates of ...

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC) - Sections 406, 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 439

Parties & Advocates

Appellant / Petitioner

Shivlal

Advocate R.P. Kuldeep, Public Prosecutor; Praveen Balwada, Adv.

Respondent

State of Rajasthan

Legal References

Acts
Indian Penal Code (IPC) - Sections 406, 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 439
Reported In
RLW2005(4)Raj2385

Excerpt

- - 1. heard learned counsel for the petitioner as well as learned public prosecutor and perused the material available on the case diary. 15,000/- (rupees fifteen thousand) together with one surety in the like sum to the satisfaction of the learned trial court for his appearance before that court on all dates of hearing and as and when called upon to do so.khem chand sharma, j.1. heard learned counsel for the petitioner as well as learned public prosecutor and perused the material available on the case diary. investigation under sections 498a and 406 ipc on the report lodged by complainant wife is pending against the petitioner.2. learned counsel for the petitioner contended that roznamcha report dated 24.3.2005 indicates that complainant herself went with her father and that the stridhan property as been handed over at police station by the father of the petitioner on 10.9.2005.3. learned p.p. although has opposed the application but could not controvert the above facts.4. taking into consideration the entire facts and circumstances of the case but without commenting upon the merits of the case, i consider it just and proper to release the accused petitioner on bail under section 439 cr.p.c.5. it is, therefore, ordered that accused petitioner shiv lal shall be released on bail in fir no. 159/2005 registered at police station nawalgarh district jhunjhunu provided he furnishes a personal bond in the sum of rs. 15,000/- (rupees fifteen thousand) together with one surety in the like sum to the satisfaction of the learned trial court for his appearance before that court on all dates of hearing and as and when called upon to do so.

Full Judgment

Khem Chand Sharma, J.

1. Heard learned Counsel for the petitioner as well as learned Public Prosecutor and perused the material available on the case diary. Investigation under Sections 498A and 406 IPC on the report lodged by complainant wife is pending against the petitioner.

2. Learned counsel for the petitioner contended that Roznamcha report dated 24.3.2005 indicates that complainant herself went with her father and that the Stridhan property as been handed over at Police Station by the father of the petitioner on 10.9.2005.

3. Learned P.P. although has opposed the application but could not controvert the above facts.

4. Taking into consideration the entire facts and circumstances of the case but without commenting upon the merits of the case, I consider it just and proper to release the accused petitioner on bail under Section 439 Cr.P.C.

5. It is, therefore, ordered that accused petitioner Shiv Lal shall be released on bail in FIR No. 159/2005 registered at Police Station Nawalgarh District Jhunjhunu provided he furnishes a personal bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) together with one surety in the like sum to the satisfaction of the learned Trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so.

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