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Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

1. Bundu Khan S/o Shri Abdul Gani R/o Meer Colony Kekri Road Near Idhgah Malpura Thana Dist. Tonk At Present Tenant House No 24 Chmnawadi Sanjay Nagar Jhotwara Jaipur (At Present Accused Confined In Central Jail Jaipur)

2. Mohammad Kalim S/o Shri Mohammad Aladdin Khan R/o Bada Mohalla Lalsot Dist.

1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 663/2019 registered with Police Station Nadbai (Bharatpur), for the offence/s punishable under Section/s 377, 429 of IPC.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been submitted that material prosecution witnesses in this case have turned hostile during trial, copies of statements of those witnesses have been filed and it has been contended that the main witnesses PW.1 Jadveer, PW.4 Satish and other material witnesses have turned hostile, they have not supported the prosecution version, hence the accused petitioner may be granted bail.

The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.98/2019 registered at Police Station Anta, District Baran.

Learned counsel for the appellants submitted that the appellants are in custody since 02.05.2019.

Learned counsel submitted that police after investigation has filed challan. Counsel further submitted that the allegation against the appellants is in respect of using fire arm but (Downloaded on 08/05/2020 at 08:46:25 PM) (2 of 2) [CRLAS-2822/2019] the medical report which has been prepared shows that the injury suffered by the injured was simple in nature and caused by the blunt weapon.

For Respondent No.2/State: Mr. Anvesh Shrivastava, Panel Lawyer.

Law laid down Suit for specific performance of contract- readiness and willingness for a seeking decree of performance of contract, the plaintiff is required to produce strong documentary evidence relating to his financial condition- only oral evidence in respect of financial condition to establish readiness and willingness is not sufficient- The Court cannot assume or presume the financial status of the plaintiff only on the basis of oral evidence- The suit of specific performance of contract cannot be decreed in favour of the plaintiff unless readiness and willingness to perform his part of the contract is proved by the plaintiff.

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Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment

1. This appeal is preferred against the judgment dated 24 th of June, 2009 passed by Sessions Judge/Special Judge (SC/ ST Act, 1989), Korea (C.G.), in Special Case No. 02/2006 wherein the said Court has convicted the appellant for charge under Sections 450 and 376(1) of Indian Penal Code, 1860 and sentenced him to undergo R.I. for 3 years with fine of Rs. 500/-, R.I. for 7 years with fine of Rs. 500/- with default stipulations.

2. In the present case, prosecutrix is (PW-1). As per version of the prosecution on 7th of May, 2005 at about 5.00 pm in the evening while the prosecutrix was alone in the house. The appellant/accused entered in the house of the prosecutrix and forcibly committed sexual intercourse with her and thereafter run away. Matter was reported, investigated the appellant was charge-sheeted and convicted as mentioned above. 2

It has been pointed out that allegations against the petitioner are to the effect that he had painted the vehicle and fictitious number plates. It has been arguedby learned counsel for the petitioner that co- accused namely Raja who was arrested from the spot has been granted regular bail and Ajay Kumar co-accused has been granted pre-arrest bail by this Court. The custodial interrogation of the petitioner is over and he has been remanded to judicial custody. Investigation of the case is complete. The offences are triable by Judicial Magistrate First Class.

1 of 2 ::: Downloaded on - 08-05-2020 21:20:13 ::: Challan has already been presented in the Court. Petitioner has been sought to be implicated on the basis of the disclosure statement of the co- accused.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:00 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

PETER CROUCH: There will come a point when Mohamed Salah is charging at Newcastle's goal on Saturday but Sadio Mane is away to his left, screaming for a pass.

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MR. SOEB R. BHOHARIA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MITESH AMIN, PUBLIC PROSECUTOR with MR MANAN MEHTA, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA and HONOURABLE MS. JUSTICE GITA GOPI Date : 08/05/2020 IA ORDER (PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)

1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State.

2. Present application is preferred by the convict to release him on temporary bail for a period of 60 days on the grounds mentioned in the application.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 65(A), 65(E) and 116(B) of the Gujarat Prohibition Act for which FIR came to be registered at Prohibition C.R. No.I-11207079200033 of 2019 with Halol Rural Police Station, Panchmahal.

3. Considering the fact the muddamal was recovered from the house of father of the applicant in absence of conscious possession with the petitioner and considering the nature of accusation against the petitioner and in absence of an apprehension against the petitioner tampering with the evidence or threating the witnesses or fleeing from trial, the case for admitting the petitioner to bail is made out.

By virtue of order dated 29th January, 2020, it was made clear that if the matter was not argued on next date of hearing the interim directions issued would stand vacated.

Today yet again Mr. Haqani is not present and a request is made for adjournment.

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

--2--

Request as made is rejected. The interim direction in all the three cases i.e. SWP No.2002/20132, SWP No.844/2012 and SWP No.2151/2011 are vacated.

List again on 27th May, 2020.

(Dhiraj Singh Thakur) Judge Srinagar:

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-93/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

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