Shyam Kacholia vs State on 20 July, 2009

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 AT JODHPUR

S.B. Criminal Misc. Bail ApplicationNO.2953/09
    Shyam Kacholia Vs. State of Rajasthan


     Date of order                ::         20th July, 2009


     HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN


Mr. A.A. Bhansali)
Mr. Suresh Kumbhat),for the petitioner.
Mr. Ashok Prajapat,P.P.


     Heard learned counsel for the petitioner

as   well    as       learned       Public         Prosecutor         and

perused the material/case diary made available

to me during the arguments of the case.

     It     is        contended         on        behalf       of     the

petitioner that investigation in the matter is

complete     and       challan         has    also       been       filed

against     him        therefore,         nothing        is     to     be

investigated or interrogated in the present

matter.     The petitioner is in judicial custody

for last more than two months, offences are

triable by the court of Magistrate.                                 It is

further      contended             that       in         a      similar

circumstances,          the       learned         Sessions      Judge,

Jodhpur     has       granted     bail       to    the       petitioner

under     Sec.        439     Cr.P.C.        vide     order         dated

29.5.2009        in     bail      application            No.    649/09

therefore,        it        was   contended          that       accused
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petitioner may now be enlarged on bail.

       After   considering         the        submissions       of

learned counsel for the parties, examining the

record and the facts and circumstances of the

case, but without expressing any opinion on

its merits and demerits, I think it fit and

proper to allow this application under Section

439    Cr.P.C.       Hence,       it     is       directed     that

accused-petitioner namely Shyam Kacholia                       S/o

Shri Ramvallabh Kacholia, be released on bail

under Section 439 Cr.P.C.,in C.R. No.140/09

Police     Station    Kotwali          Barmer,       registered

under Sections 170,419 and 420 IPC provided he

furnishes        personal         bond       in    the   sum    of

Rs.1,00,000/-(Rupees        One        Lac    only)      together

with    four   sureties   of       Rs.    25,000/-       (Rupees

Twenty Five Thousand Only) to the satisfaction

of the trial court for his appearance on all

subsequent dates of hearing and as and when

called upon to do so.

                          (NARENDRA KUMAR JAIN), J.

ns.