In the Court of Judicature for Rajasthan at Jaipur Bench Jaipur Judgment SB Criminal Misc. 2nd Bail Application No.8812/2011 Sita Ram Baberwal-Applicant vs. State of Rajasthan-Respondent
Date of Judgment : 21st November,2011
HON’BLE JUSTICE MS. BELA M. TRIVEDI
Mr.Biri Singh Sr. Advocate along with Mr.Rajesh Kumar Saini, for the applicant.
Mr.Laxman Meena, Public Prosecutor for the State
This is a second bail application filed by the applicant accused after the dismissal of first application being SB Cr. Misc. Bail Application No.5549/2011 which was permitted to be withdrawn at the said stage.
Applicant along with the other accused was arrested in connection with FIR No.238/2011 registered at Police Station J.D.A., Jaipur for the offences under sections 420,467,468,471 and 120B IPC.
It has been submitted by learned Sr. counsel Mr. Biri Singh for the applicant that the earlier application was withdrawn by the applicant and therefore was not decided on merit. It has further been submitted that the chargesheet in the instant case has already been filed by the Investigating Officer after the completion of investigation and the complainant Ashok Kumar Jain along with others have already filed civil suit being No.223/2011 against the present accused and others in the court of District and Sessions Judge, Jaipur Metropolitan, Jaipur in which the Addl. District and Sessions Judge No.6, Jaipur Metropolitan, Jaipur had directed the parties to maintain status quo as regards the suit property with the consent of the parties. He also submitted that the applicant is ready and willing to abide any condition that may be imposed by the court. Learned Public Prosecutor Mr. Laxman Meena has not much resisted the application.
Having regard to the submission made by learned counsel for the parties and to the documents on record, it appears that the chargesheet has already been submitted by the Investigating Officer. Without entering into the merits of the case, since the chargesheet has already been filed and some civil suit is already pending between the parties, the present application deserves to be allowed.
Accordingly, the second bail application is allowed and the applicant is released on bail in FIR No.238/2011 registered at PS JDA, Jaipur on his furnishing a surety of Rs.50,000/- with personal bond of the like amount to the satisfaction of the trial court, on the following conditions:-
(a) that the applicant shall make himself available for interrogation by the Investigation Officer as and when required and shall cooperate with the Investigation Officer ;
(b) that the applicant shall not commit an offence similar to the offence of which he is accused or suspected, of the commission of which he is suspected;
(c) that the applicant 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 police officer or temper with the evidence;
(d) that the applicant shall attend the concerned court as and when directed and found necessary;
(e) that the applicant shall not leave the territory of India without previous permission of the concerned trial court, and shall deposit the passport, if any, before the trial court;
(f) that the applicant shall furnish his present correct residential alongwith the contact number before the trial court and shall also intimate the change, if any, which may take place in future to the trial court.
(BELA M. TRIVEDI ) J.