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S.B.Criminal Misc. Bail Cancellation Application No. 38/08
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B. Criminal Misc. Bail Cancellation Application No. 38/08
Rajesh Kumar
Vs.
State of Rajasthan & Another
Date of order : 24/04/2009
HON’BLE MR.H.R.PANWAR,J.
Mr. S.R.Godara on behalf of
Mr. S.S.Bishnoi for the petitioner.
Mr. M.K.Garg for the respondent No.2.
Mr. Anil Joshi, P.P.
By the instant criminal misc. bail cancellation
application, the petitioner seeks cancellation of bail granted to
the respondent No.2 by order dated 19.11.2008.
Heard learned counsel for the parties.
Learned counsel for the accused respondent submits
that after investigation, the police has filed challan for the
offence under Section 304-A IPC though at the earlier stage the
investigation was for the offence under Section 304 IPC,
however, the police did not find case under Section 304 IPC and
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S.B.Criminal Misc. Bail Cancellation Application No. 38/08
filed challan under Section 304-A IPC. The offence punishable
under Section 304-A IPC is otherwise bailable. Learned counsel
has also shown me the challan papers.
From the perusal of the challan papers, it appears
that after investigation the police did not find case under Section
304 IPC but found case under Section 304-A IPC and accordingly
filed challan and trial proceeded. Keeping in view the fact that
the challan has been filed for the offence under Section 304-A
IPC and the offence under Section 304-A IPC is bailable, in my
view, no case for cancellation of bail is made out. The application
seeking cancellation of bail is therefore, dismissed.
(H.R.PANWAR), J.
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