Nyaz Mohammad @ Raju vs State
2021 Latest Caselaw 19 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Appl. No.2/2021

IN

S.B. Cr. Appeal No.2060/2017

Nyaz Mohammed @ Raju S/o Shri Mohd. Hussain, B/c Muslim, Aged about 60 years, R/o Baiji Ka Talab, Maszid Wali Gali, Sadar Bazar Police Station, Jodhpur, Dist. Jodhpur Metro.

----Appellant Versus State of Rajathan through PP

----Respondent

For Petitioner(s) : Mr. Aziz Khan, Adv. Through VC For Respondent(s) : Ms. Anita Gehlot, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

04/01/2021

The matter comes up on an application under Section 389

Cr.P.C. at the instance of the appellant for releasing him on bail.

This Court vide order dated 18.12.2017 allowed the

application for suspension of sentence filed by the appellant.

A letter dated 14.02.2020 was received from the trial court

informing that the appellant did not appear in the month of

January, 2020 before the trial court. In pursuance of the said

letter, this Court issued arrest warrant against the appellant on

02.11.2020. In pursuance of this arrest warrant, Police arrested

the appellant and he has been produced before this Court today.

Counsel for the applicant submits that due to unavoidable

circumstances, the appellant could not appear before the trial

court in the month of January, 2020. Counsel assures this Court

(2 of 2)

that in future the appellant shall appear before the trial court on

each and every date as fixed by the trial court in the matter.

Therefore, it is prayed that the appellant may be enlarged on bail.

Learned Public Prosecutor has opposed the application.

In view of submissions made and taking into consideration

the facts and circumstances of the case, I deem it appropriate to

enlarge the appellant on bail.

Accordingly, the bail application filed under Sec. 389 Cr.P.C.

is allowed and it is directed that applicant-appellant Nyaz

Mohammed @ Raju S/o Shri Mohd. Hussain be released on bail

provided he executes a personal bond in a sum of Rs.20,000/-

alongwith one sound and solvent surety of Rs.20,000/- each to

the satisfaction of the Deputy Registrar (Judicial), Rajathan High

Court, Jodhpur.

(MANOJ KUMAR GARG),J C/2-MS/-

Powered by TCPDF (www.tcpdf.org)