SUMER MAL @ SUNIL @ SUMARIYA Vs. THE STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR
LAWS(RAJ)-2011-4-59
HIGH COURT OF RAJASTHAN
Decided on April 04,2011

Sumer Mal @ Sunil @ Sumariya Appellant
VERSUS
The State Of Rajasthan Through Public Prosecutor Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) HEARD learned Counsel for Petitioner as well as learned Public Prosecutor and perused the material made available to me during arguments of the case.
(2.) CONTENTION of learned Counsel for Petitioner is that bail should be granted to the Petitioner in this case despite his having 11 other criminal cases registered against him and nine out of them relating to theft. It is contended that co -accused Balram @ B.L. @ Balaram has already been granted bail by this Court vide its order dated 14.07.2010 in S.B. Criminal Miscellaneous Bail Application No. 6285/2010. On perusal of order dated 14.07.2010 it is found that in Bail Application No. 6285/2010 a statement was made by the counsel on behalf of Petitioner Balram @ B.L. @ Balaram that no criminal case was ever registered against him and that this was first offence alleged against him. Obviously the bail in that case was granted on misrepresentation of fact. This bail application is accordingly rejected. However the trial court is directed to expedite the trial in the matter.
(3.) LET a notice be issued to co -accused Balram @ B.L. @ Balaram Son of Shri Dharma Ram, aged about 20 Years, Resident of Village Chandwas, Police Station Chapar, District Churu, at present Prakash Mavaliya -ka -Batta, Chandpura, Police Station Sadar, District Sikar, for cancellation of his bail. He be summoned in the first instance by issuance of bailable warrant in the sum of Rs. 10,000/ - for his appearance before this Court on 25.04.2011. Office is directed to separately register a case for cancellation of bail titled - Suo Motu v. Balram @ B.L. @ Balaram. Certified copy of information produced by Petitioner herein regarding pendency of criminal case be taken on record.;


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