Mahesh Choudhary @ Mintu vs State Of Rajasthan

The instant application under Section 482 CrPC has been filed on behalf of the petitioner seeking correction/modification of the order dated 17.07.2019

passed in S.B.Cr.Misc. Bail Application No.7183/2019.

Learned counsel for the petitioner has submitted that the aforesaid bail application was listed before this Court on 17.07.2019 and this Court granted

bail to petitioner â€" Mahesh Choudhary @ Mintu in FIR No.72/2019 of Police Station, Gulabpura, District Bhilwara, however, when the certified

copy of the order dated 17.07.2019 was obtained by him, it came to his knowledge that wrong order of rejection was typed out. Learned counsel for

the petitioner has, therefore, prayed that the aforesaid mistake may be rectified.

It is noticed that S.B.Cr.Misc. Bail Application No.7183/2019, Mahesh Choudhary @ Mintu vs. State and S.B.Cr.Misc. Bail Application No.

7133/2019, Pawan Kumar vs. State were listed before this Court on 17.07.2019 at serial Nos.10 and 9 respectively and this Court after hearing

learned counsel Mr Shyam Paliwal appeared on behalf of accused-petitioner â€" Mahesh Choudhary @ Mintu as well as learned Public Prosecutor

and after perusing the material on record, was inclined to grant bail to petitioner â€" Mahesh Choudhary @ Mintu in FIR No.72/2019 of Police Station,

Gulabpura District Bhilwara on usual conditions and dictated the order in this regard to Mrs. Taruna, who, at that time, was performing her duties as

Personal Assistant, however, she prepared the order-sheet in the following manner:

“HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 7183/2019

Mahesh Choudhary @ Mintu S/o Tuhi Ram, Aged About 32 Years, B/c Jat, R/o Kamod, Ps Bondkala, Dist Charki Dadri (Haryana) (Lodged In Dist

Jail Bhilwara)----Petitioner

Versus

State Of Rajasthan, Through Pp----Respondent

For Petitioner(s) Mr. Shyam Paliwal

For Respondent(s) Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

17/07/2019

Learned counsel for the petitioner, without arguing the matter on merits, has submitted that he does not want to press this criminal misc. bail

application, however, seeks liberty for the petitioner to file fresh bail application before the trial court after recording of the statement of Investigating

Officer.

Accordingly, this criminal misc. bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed as not pressed with the liberty as

prayed for.

Sd/-

(VIJAY BISHNOI),J

10-Taruna/-â€​

It is suffice to mention here that after hearing learned counsel Mr R.S.Charan appeared on behalf of accused - Pawan Kumar in S.B.Cr.Misc. Bail

application No. 7133/2019 at length, this Court rejected the said bail application as it was not pressed by Mr Charan, however, liberty, as prayed, was

granted to the petitioner therein to file a fresh bail application after recording of the statements of the Investigating Officer and in this regard, the

dictation was given to Mrs Taruna, Personal Assistant, however, she prepared the order-sheet in the following manner:

“HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 7133/2019

Pawan Kumar S/o Krishanlal, Aged About 30 Years, B/c Arora , Niwasi Ganv Jhotawali P.t. Muklava Tehsil Raisinghnagar , Distt Sri Ganganagar

(Presently Lodged In Central Jail , Sub Jail Raisinghnagar , Raj.)----Petitioner

Versus

State, Through Pp----Respondent

For Petitioner(s) : Mr. R.S. Charan

For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

17/07/2019

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No. 41/2019 of Police Station Muklawa, District Sriganganagar for the offences punishable under Section 8/21

of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without

expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Pawan Kumar S/o Krishanlal shall be

released on bail in connection with FIR No. 41/2019 of Police Station Muklawa, District Sriganganagar provided he executes a personal bond in a sum

of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on

each and every date of hearing and whenever called upon to do so till the completion of the trial.

Sd/-

(VIJAY BISHNOI),J

9-Taruna/-â€​

Further it is suffice to mention here that after having been prepared, the aforesaid order-sheets were sent to me for signature and thereafter, they

were uploaded on High Court Website. However, after some time when it came to knowledge that the order of granting bail, which was dictated in

S.B.Cr.Misc. Bail Application No.7183/2019, was typed out in S.B.Cr.Misc. Bail Application No.7133/2019 taking all particulars of S.B.Cr.Misc. Bail

Application No.7183/2019, the shorthand diary of Mrs Taruna, in which she took down dictations of the aforesaid bail applications as well as the cause

list of Court Master of dated 17.07.2019 were called and got them cross-checked and it was confirmed that the aforesaid mistakes had occurred.

It is relevant to mention here that the order, which was wrongly typed out in S.B.Cr.Misc. Bail Application No.7133/2019 has been recalled by a

separate order.

Having regard to the facts and circumstances of the case and the fact that the order dated 17.07.2019 passed in S.B.Cr.Misc. Bail Application

No.7183/2019 was inadvertently typed out, this Court thinks it fit to recall the said order and to direct the petitioner â€" Mahesh Choudhary @ Mintu

to be released on bail.

Accordingly, the order dated 17.07.2019 passed in S.B.Cr.Misc. Bail Application No.7183/2019 is recalled. The S.B.Criminal Misc. Bail Application

No.7183/2019 preferred on behalf of petitioner â€" Mahesh Choudhary @ Mintu is allowed and it is directed that petitioner â€" Mahesh Choudhary @

Mintu son of Tuhi Ram shall be released on bail in connection with FIR No.72/2019 of Police Station, Gulabpura, District Bhilwara provided he

executes a personal bond in a sum of Rs.50,000/-with two and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his

appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of trial.

The application (S.B.Cr.Misc. Application No.238/2019) stands disposed of.