Narayan and ors. Vs. the State of Rajasthan

Narayan and ors. vs The State of Rajasthan

Type Court Judgment Court Rajasthan Decided Oct 29, 1999

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Citation: sooperkanoon.com/766739
Court: Rajasthan High Court
Judge: Shiv Kumar Sharma
Decided On: Oct 29, 1999
Case Number: S.B. Cri. Misc. Bail App. No. 4160 of 1999
Subject: Criminal

Case Summary

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

Criminal Procedure Code, 1973 - Section 438--Anticipatory bail--Offence under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989 along with offences under the Penal Code--Police submitting final report--Cognizance taken on protest petition--Anticipatory bail granted.;Petition Allowed -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Narayan and ors.

Respondent

The State of Rajasthan

Legal References

Reported In: 2000(2)WLN69

Excerpt

criminal procedure code, 1973 - section 438--anticipatory bail--offence under section 3 of the sc/st (prevention of atrocities) act, 1989 along with offences under the penal code--police submitting final report--cognizance taken on protest petition--anticipatory bail granted.;petition allowed - s.k. sharma, j.1. it is contended that initially final report was given in the matter but on a protest petition of the informant cognizance under sections 147, 447, 420, 406, 120b ipc along with section 3 of sc/st (prevention of atrocities) act was taken. i scanned the material on record. in view of the allegations made in the fir and the fact that final report was given by the police, i am of the view that petitioners are entitled to be released under section 438 cr. p.c.considering the facts and circumstances of the case and without expressing on the merits and demerits of the case, i am inclined to release the accused-applicant(s) on anticipatory bail.the investigating officer /arresting officer/sho, police station khandela in f.i.r. 141/1999 is, therefore, directed that in the event of arrest of petitioner(s) (1) narayan s/o shri hanuman (2) jhabar & (3) hari s/o shri pokhar, they be released on bail, provided each of them furnishes a personal bond in the sum of rs. 10,000/- (rupees ten thousand) with one surety/in the sum of rs. 10,000/- to his satisfaction on the following conditions:1. that the petitioner(s) shall make himself themselves available for interrogation by a police officer as and when required;2. that the petitioner 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 other police officer.3. that the petitioner(s) shall not leave india without previous permission of the court.

Full Judgment

S.K. Sharma, J.

1. It is contended that initially Final Report was given in the matter but on a protest petition of the informant cognizance under Sections 147, 447, 420, 406, 120B IPC along with Section 3 of SC/ST (Prevention of Atrocities) Act was taken. I scanned the material on record. In view of the allegations made in the FIR and the fact that final report was given by the police, I am of the view that petitioners are entitled to be released under Section 438 Cr. P.C.

Considering the facts and circumstances of the case and without expressing on the merits and demerits of the case, I am inclined to release the accused-applicant(s) on anticipatory bail.

The Investigating Officer /Arresting Officer/SHO, Police Station Khandela in F.I.R. 141/1999 is, therefore, directed that in the event of arrest of petitioner(s) (1) Narayan S/o Shri Hanuman (2) Jhabar & (3) Hari S/o Shri Pokhar, they be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Rupees Ten thousand) with one surety/in the sum of Rs. 10,000/- to his satisfaction on the following conditions:

1. that the petitioner(s) shall make himself themselves available for interrogation by a police officer as and when required;

2. that the petitioner 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 other police officer.

3. that the petitioner(s) shall not leave India without previous permission of the Court.

Same Court & Year Rajasthan · 1999 Same Parties Narayan and ors. vs The State of Rajasthan Same Subject Criminal Same Judge Shiv Kumar Sharma

Criminal