Mohammad Salim vs State Of Rajasthan
2021 Latest Caselaw 9745 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6254/2021

1. Mohammad Salim S/o Gafur Khan, Aged About 52 Years, Bharli Bundi, Purana Jelkhana, Nursury Bagh Ke Samne, P.s. Kotwali, Bundi, Rajasthan. (At Present Lodged In Central Jail, Udaipur).

2. Mohammad Sharafat S/o Safaruddin, Aged About 26 Years, Behind Daal Mill, Near Iwahid Shop, Kotadi, P.s. Gumanpura, Kota. (At Present Lodged In Central Jail, Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Ram Singh Rawal, through Cisco Webex For Respondent(s) : Mr. Gaurav Singh, PP

JUSTICE DINESH MEHTA (VACATION JUDGE)

Judgment

07/06/2021

This application for bail has been filed by the petitioners

under Section 439 of the Cr.P.C. in connection with FIR

No.96/2021 Police Station Hiranmagari, District Udaipur for the

offences under Sections 406, 420 and 120B of IPC.

Learned counsel for the petitioners submitted that the

offences alleged against the petitioners are triable by Magistrate

and charge-sheet has been filed.

While arguing that no recovery remains to be made, learned

counsel asserts that even the amount of Rs.80,000/- allegedly

taken by the petitioners has been recovered from them.

(2 of 2) [CRLMB-6254/2021]

Mr. Singh, learned Public Prosecutor opposing the bail,

submits that the petitioners have cheated the complainant and

other persons, hence, they be not released.

Having regard to the contentions and considering that the

offences are triable by Magistrate and the disputed amount of

Rs.80,000/- has been recovered from the petitioners and no

further recovery remains to be made and that the trial of the case

will take long time, without expressing any opinion on the merits/

demerits of the case, this Court is of the opinion that the bail

application filed by the petitioners deserves to be accepted.

Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. The petitioners (1) Mohd. Salim S/o Gafur Khan

and (2) Mohd. Sharafat S/o Safaruddin, arrested in FIR

No.96/2021 Police Station Hiranmagari, District Udaipur shall be

released on bail on their furnishing personal bonds in the sum of

Rs.50,000/- each and two sureties of Rs.25,000/- to the

satisfaction of the trial Court.

Petitioners shall be required to appear before that Court on

all dates of hearing and as and when called upon to do so.

Needless to observe that the above observations made by

this Court are on the basis of material so far produced before the

Court. They are only prima-facie observation and the same shall

however, not come in the way of the trial Court to take

independent view of the matter, based on ocular and oral

evidence, while finally deciding the case.

(DINESH MEHTA), VJ.

3-CPGoyal/-

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