Imran @ Mogli S/O Mohammad Aslam vs The State Of Rajasthan
2021 Latest Caselaw 2598 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                9220/2021

Imran @ Mogli S/o Mohammad Aslam, R/o 123/258, Mansarover,
Agarwal Farm,thadi Market, Ps Shipra Path, Jaipur (At Present
Accused Confined In Central Jail Jaipur).
                                                                   ----Petitioner
                                    Versus
The State Of Rajasthan, Through Public Prosecutor.
                                                                 ----Respondent

For Petitioner(s) : Mr. Shivraj Chauhan present in the Court For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

05/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.283/2020 was registered at Police Station Shyam

Nagar, District Jaipur for offence under Sections 3 & 25 of Arms

Act.

3. It is contended by counsel for the petitioner that petitioner is

in custody from 03.09.2020. Charges were framed on 25.11.2020.

Offence is triable by First Class Magistrate. Prosecution evidence is

not yet completed and there is Provision under Section 437(6) of

Cr.P.C. for release of a person from custody, if trial of a person is

not concluded within sixty days from the first date fixed for taking

evidence. All the witnesses in this case are police witnesses. There

(2 of 2) [CRLMB-9220/2021]

is no independent witness of recovery of fire arm from the

petitioner. Conclusion of trial will take time.

4. Learned Public Prosecutor has opposed the bail application. It

is contended that petitioner has criminal antecedents.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

ARTI SHARMA /10

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