Amit Kumar And Anr vs. State Of Rajasthan Through Pp
Held
The Court allowed the bail application. The reasoning provided is brief, stating that considering the contentions put forth by the counsel for the petitioner, the Court deemed it proper to allow the bail application. The specific contention that the purchase price, though less than market value, included GST, appears to have been a significant factor in the Court's decision. The operative direction was to release the accused-petitioners on bail, subject to furnishing personal bonds and sureties to the satisfaction of the learned trial court, with the stipulation to appear on all dates of hearing. No issues were expressly left undecided.
Facts
The petitioners, Amit Kumar and Kulveer Singh, are accused in FIR No. 450/2017 registered at Police Station Shahpura, District Jaipur Rural, for offences under Sections 379 and 411 of the Indian Penal Code. The allegations involve the purchase of stolen tiles at a price significantly below market value, which allegedly included GST. The petitioners filed a bail application under Section 439 of the Cr.P.C. before the High Court of Rajasthan, Bench at Jaipur. The State opposed the bail application. The dispute revolves around the alleged involvement of the petitioners in receiving stolen goods, with the purchase price, including GST, being a point of contention.
Key Issues
1. Whether the petitioners are entitled to be released on bail under Section 439 of the Cr.P.C. considering the allegations of purchasing stolen tiles at a price much less than the market price, inclusive of GST? Arguments for the Petitioner: The counsel for the petitioner contended that the allegation pertains to the purchase of stolen tiles at a price much less than the market price, inclusive of GST. This implies that the transaction, despite being for stolen goods, had a GST component, suggesting a degree of legitimacy or at least a complex factual matrix that warrants bail. Arguments for the Respondent (State): The learned Public Prosecutor opposed the bail application, without detailing specific arguments or legal provisions relied upon in the judgment.
Sections Cited
Section 439, Section 379, Section 411
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail No. 16571 / 2017
Amit Kumar S/o Shri Balveer Singh B/c Jat, R/o Load Ka Pana, Police Station Sadar, District Bhiwani, Haryana. (Accused Presently Confined in Sub Jail Kotputali, District Jaipur).
Kulveer Singh S/o Shri Om Prakash Singh B/c Jat, R/o Premnagar, Hashi Hishar Road, Police Station Sadar Bhiwani, District Bhiwani, Haryana. (Accused Presently Confined in Sub Jail Kotputali, District Jaipur). ----Petitioners Versus State of Rajasthan Through PP. ----Respondent _____________________________________________________ For Petitioner(s) : Mr.Mamraj Jat For Respondent(s) : Mr.R.R.Singh Rathore,PP _____________________________________________________ HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 04/12/2017
Petitioners have filed this bail application under Section 439 of Cr.P.C.
F.I.R. No.450/2017 was registered at Police Station Shahpura, District Jaipur Rural for offence under Sections 379 & 411 I.P.C.
It is contended by the counsel for the petitioner that the allegation pertains to purchase
The judgment continues below.
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