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Rajasthan High Court · body

2010 DIGILAW 1820 (RAJ)

Vinod Jain v. State of Rajasthan

2010-10-29

M.N.BHANDARI

body2010
Hon'ble BHANDARI, J.—Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. 2. Learned counsel submits that charge-sheet has been filed in this matter. It is stated that out of 1,50,000/- shares transferred in the name of Amay Home Service, only 2250 shares are held by Vinod Jain. The Amay Home Service is held mainly by Rohit Suri, who entered into transaction sometime in the month of December, 2008. Petitioner became Director in the year 2009. Looking to aforesaid, main holder of the company is Rohit Suri and his family. The allegations against the petitioner are mainly for commissioning of offence under Section 201 of IPC though with the add of Section 120, allegation for commissioning of offence under Section 420 & 406 of IPC have also been made but there is no material to connect the petitioner for commissioning of offence under Sections 420 and 406 of IPC. It is stated that petitioner is not even named in the FIR and nobody has made allegation for booking and receipt of money by him. Looking to aforesaid and the fact that company is mainly held by Rohit Suri, petitioner may be enlarged on bail this is more so when in the investigation report also, aforesaid facts have come. 3. Learned Public Prosecutor has opposed this bail application and submits that Amay Home Service is mainly held by Rohit Suri and his family and out of 1,50,000 shares, 2250 shares are in the name of Vinod Jain. It is otherwise the fact that record of the company was not made available, thus offence under Section 201 of IPC is made out against petitioner. 4. After considering all the facts and circumstances of the case and without expressing any opinion on merits of the case, I consider it just and proper to release the accused-petitioner, namely, Vinod Jain S/o Pukhraj Jain on bail under Section 439 Cr.P.C. in FIR No. 234/2010 registered at Police Station Ashok Nagar, Jaipur City South for offence under Sections 406/420/467/ 471/120-B IPC provided, he furnishes a personal bond in the sum of Rs. 40,000/- together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.