Sayoram Meena vs. State Of Rajasthan

CRLMB/3274/2022HC RajasthanGSTCNR RJHC01014455202211 March 2022Bench: DEVENDRA KACHHAWAHA2 pages
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Facts

The petitioner, Sayoram Meena, a Superintendent CGST, Range Jalore, filed a bail application before the High Court of Rajasthan at Jodhpur. He was arrested in connection with FIR No. 41/2022 registered at Police Station ACB Jalore, CPS Jaipur, for offenses under Sections 7 and 7A of the Prevention of Corruption Act and Section 120B of the Indian Penal Code. The petitioner has been in judicial custody since February 9, 2022. His counsel argued that no money was recovered from him, no investigation or recovery is pending, and the trial will take time. The respondent, State of Rajasthan, through its Public Prosecutor, opposed the bail application, stating that the offense is prima facie proved based on the transcript and available evidence.

Held

The High Court allowed the bail application of the petitioner, Sayoram Meena. The Court considered the fact that the petitioner had been in custody for over a month and that further investigation and trial would take a significant amount of time. Without expressing any opinion on the merits or demerits of the case, the Court found that the bail application deserved to be accepted. Consequently, the petitioner was ordered to be released on bail, provided he furnishes a personal bond of ₹50,000/- and two sureties of ₹25,000/- each to the satisfaction of the learned trial Court. He is required to appear before the trial Court on each date of hearing and whenever called upon until the completion of the trial, and must not be wanted in any other case.

Key Issues

1. Whether the petitioner, Sayoram Meena, should be granted bail in FIR No. 41/2022 registered under Sections 7 and 7A of the Prevention of Corruption Act and Section 120B of the IPC? Petitioner's arguments: The petitioner's counsel contended that money was not recovered from the petitioner, he has been in custody since February 9, 2022, no investigation or recovery is pending against him, and the trial is likely to take a considerable amount of time. Therefore, the petitioner prayed for the grant of bail. Respondent's arguments: The Public Prosecutor for the State opposed the bail application, asserting that the offense is prima facie proved based on the transcript and the evidence available on record.

Sections Cited

Section 7, Section 7A, Section 120B

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3274/2022 Sayoram Meena S/o Kalyan Sahay, Aged About 52 Years, R/o Village Iswarsingh Pura, Via Andhi Tehsil, Jamvairamgarh, District Jaipur At Present Superintendent CGST, Range Jalore (Raj.). (Presently Lodged in District Jail, Pali) ----Petitioner Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate assisted by Mr. Ashok Kumar For Respondent(s) : Mr. S.S. Rajpurohit, PP HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order 11/03/2022 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.41/2022 of Police Station ACB Jalore, CPS Jaipur, registered for the offence punishable under Section 7, 7A of Prevention of Corruption Act and 120B of IPC.

Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that money was not recovered from the petitioner; petitioner is behind the bars since 09.02.2022; no investigation or recovery is

The judgment continues below.

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