Pawan Kumar vs State

Today the matter is listed under “TO BE MENTIONâ€​ Category.

This bail application (S.B.Cr.Misc. Bail application No. 7133/2019, Pawan Kumar vs. State) and S.B.Cr.Misc. Bail Application No.7183/2019,

Mahesh Choudhary @ Mintu vs. State were listed before this Court on 17.07.2019 at serial Nos.9 and 10 respectively and this Court after hearing

learned counsel Mr R.S.Charan appeared on behalf of accused-petitioner - Pawan Kumar and learned Public Prosecutor and after perusing the

material on record, was not inclined to grant bail to accused - Pawan Kumar and was going to reject the bail application on merits, however, at that

time, Mr Charan had submitted that he does not want to press the said bail application and sought liberty for the petitioner to file a fresh bail

application before the trial court after the statements of Investigating Officer are recorded and this Court 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. 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 ----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€​

It is suffice to mention here that S.B.Cr.Misc. Bail Application No.7183/2019, Mahesh Choudhary @ Mintu vs. State was taken and after hearing

learned counsel Mr Shyam Paliwal, who appeared on behalf of petitioner Mahesh Choudhary @ Mintu as well as learned Public Prosecutor and after

perusing the material on record, this Court was inclined to grant bail to petitioner Mahesh Choudhary @ Mintu in FIR No.72/2019 of Police Station,

Gulabpura District Bhilwara on usual conditions and gave dictation to Mrs Taruna, Personal Assistant regarding allowing of the said bail application,

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 ----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€​

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 this bail application (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 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.

Having regard to the facts and circumstances of the case and the fact that the order passed in this bail application was inadvertently typed out, the

same is recalled and it is ordered that this application preferred on behalf of petitioner â€" Pawan Kumar son of Krishanlal seeking bail in connection

with FIR No.41/2019 of Police Station, Muklawa, District Sriganganagar is dismissed as not pressed. However, the petitioner will be at liberty to move

a fresh bail application before the trial court after the statements of Investigating Officer are recorded.