Mohammed Shakil vs State Of Rajasthan
2021 Latest Caselaw 677 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11/2021

Mohammed Shakil S/o Lt. Sh. Abdul Gafar, Aged About 55 Years, R/o H.no. 91, Firdos Colony, Shahbaz Masjid Wali Gali, Mandiya Road, Pali. (Presently Lodged At Central Jail, Jodhpur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12/2021 Mohd. Shahid S/o Sh. Mohd. Shakeel, Aged About 33 Years, R/o H.no. 91, Firdos Colony, Shahbaz Masjid Wali Gali, Mandiya Road, Pali. (Presently Lodged At Central Jail, Jodhpur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Amar Singh Choyal For Respondent(s) : Mr. Shrawan Bishnoi, PP Mr. Mohd. Akbar

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

11/01/2021 The present bail applications have been filed under Section

439 Cr.P.C. on behalf of the petitioners who are in custody in

connection with F.I.R. No.111/2020, P.S. Khanda Falsa, District

Jodhpur, for the offences under Sections 420, 406 and 120-B IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

(2 of 3) [CRLMB-11/2021]

It is submitted by learned counsel for the petitioners that the

offence alleged is triable by Magistrate. The dispute between the

parties is also pending consideration before the learned civil court

at Jodhpur. He further submits that the facts clearly show that the

present dispute is of civil nature. He fairly submits that though he

has taken Rs.7 lakhs from the complainant and out which, he has

repaid only Rs.66,000/- and balance amount shall be paid as early

as possible. He further undertakes that he will repay at least 50%

of the amount within a period of six months to show his bonafide

in the mater. The conclusion of trial will take sufficiently long time,

therefore, it is prayed that the petitioners may be enlarged on

bail.

The proposition given by the counsel for the petitioners is not

seriously objected by the counsel for the complainant.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, this Court is of

the opinion that the bail application filed by the petitioners

deserves to be accepted.

Consequently, the bail applications filed under Section 439

Cr.P.C. are allowed. It is ordered that the accused-petitioners (1)

Mohammed Shakil S/o Lt. Sh. Abdul Gafar (2) Mohd. Shahid

S/o Sh. Mohd. Shakeel arrested in connection with F.I.R.

No.111/2020, P.S. Khanda Falsa, District Jodhpur shall be released

on bail; provided they furnish a personal bond of Rs.50,000/-

(Rupees: Fifty Thousand Only) each with two sureties of

Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the

satisfaction of the learned trial court with the stipulation to appear

(3 of 3) [CRLMB-11/2021]

before that Court on all dates of hearing and as and when called

upon to do so.

It is made clear that the complainant will be free to apply for

cancellation for bail application if the undertaking given by the

counsel for the petitioner on behalf of his client is not honoured.

(VINIT KUMAR MATHUR),J

41-42/praveen/-

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