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2015 DIGILAW 1551 (RAJ)

Sahi Ram v. State of Raj.

2015-08-19

GOPAL KRISHAN VYAS

body2015
JUDGMENT : Gopal Krishan Vyas, J. The instant 482 petition has been filed by the petitioners for quashing the proceedings in Criminal Case No.1181/11 in which the cognizance was taken against the petitioner by the trial Court under Sections 323, 447, 427, 436 and 341 I.P.C. and arrest warrant was issued against the petitioner along with Het Ram. 2. Learned counsel for the petitioner submits that in SB Criminal Misc. Petition No.2513/2011, this Court while refusing to quash the proceedings passed an order to quash the order dated 31.10.2011 to the extent of issuing arrest warrant against Het Ram and it was ordered that Het Ram shall be released on bail upon furnishing personal bond of Rs. 50,000/- with one surety of like amount if he appears before the Court on or before 03.08.2015 and raise all the grounds at the time of framing charge and it was expected from the trial Court that all the grounds will be considered at the time of framing charge. 3. Learned counsel for the petitioners submits that same order may be passed in this petition also and all the three petitioners assures that they will appear before the Court on or before 01.09.2015. 4. After hearing learned counsel for the petitioner, I have perused the order dated 14.7.2015 passed by this Court in SB Criminal Misc. Petition No.2513/2011 (Het Ram v. State & Anr), in which following order was passed by this Court :- "Heard learned counsel for the petitioner and perused the order impugned dated 31.10.11. After perusing the order impugned, I am of the opinion that the trial court although committed an error of law not to consider the statement in detail so as to give finding that there is prima facie case made out against the petitioner, however, the petitioner has been summoned by issuing warrant of arrest, therefore, in the opinion of this Court, the order for securing presence of accused petitioner through arrest warrant is not proper because after investigation, police gave FR in the case and those reasons are incorporated in the FR were not considered by the trial court. In view of above, the order dated 31.10.2011 is hereby quashed to the extent of issuing arrest warrant against the petitioner and it is ordered that petitioner shall be released on bail upon furnishing personal bond of Rs. In view of above, the order dated 31.10.2011 is hereby quashed to the extent of issuing arrest warrant against the petitioner and it is ordered that petitioner shall be released on bail upon furnishing personal bond of Rs. 50,000/- with one surety of like amount if he appear before the Court on or before 03.08.2015 and raise all the grounds at the time of framing charge and it is expected from the trial court that all the grounds will be considered at the time of framing charge objectively and reasoned order will be passed by the trial court. With these observations, the misc. petition is disposed of. " 5. Hence, while following the aforesaid order, it is ordered that in the event of appearing before the trial Court on or before 01.09.2015, the petitioner may be released on bail upon furnishing personal bond of Rs. 50,000/- each with one surety of like amount to remain present in trial and further the petitioners will be at liberty to raise all the grounds at the time of framing charge by the trial Court. It is expected from the trial Court that the grounds raised by the petitioners at the time of framing charge will be considered objectively. The misc. petition is allowed in above terms. Petition allowed.