Mohammad Sharif vs State
2021 Latest Caselaw 6847 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8588/2020

1. Mohammad Sharif S/o Sh. Mohammad Yusuf, Aged About 19 Years, R/o Gali No. 02, Faiz-A-Aam Masjid, Pratapnagar, Jodhpur.

2. Sahil S/o Sh. Mohammad Sharif, Aged About 18 Years, R/o Sanjay-C-Colony, Pratapnagar, Jodhpur.

3. Mohammad Fayaz S/o Sh. Mohammad Harun, Aged About 21 Years, R/o Museum Majdoor Basti, Pratapnagar, Jodhpur.

4. Tohid Ali S/o Sh. Mohammad Wahid, Aged About 18 Years, R/o Ganj Shahida Colony, Kabir Nagar, Jodhpur.

5. Ahmed Imran S/o Sh. Mohammad Yunus, Aged About 23 Years, R/o Faiz-A-Aam, Near Masjid, Gali No. 06, Pratapnagar, Jodhpur.

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Mohd. Ali Rao For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) apprehend(s) his/her/their arrest in

connection with FIR No.94/2020 of Police Station

Pratapnagar, Jodhpur for the offence(s) punishable under

Section(s) 306 and 384 IPC.

(2 of 3) [CRLMB-8588/2020]

Learned counsel for the petitioners has submitted

that allegation against the petitioners of instigating the

deceased to commit suicide is absolutely false. It is

submitted that it is not in dispute that the deceased was

owing money of the petitioners and he was not returning

the same despite repeated requests made by the

petitioners. It is also submitted that if a person demands

money, which he has lended to other, it cannot be said

that the said act is an act of instigation to commit

suicide. It is, thus, prayed that the petitioners may be

granted benefit of anticipatory bail.

Per contra, learned Public Prosecutor has opposed

the bail application(s).

Having regard to the totality of the facts and circumstances of the case, without expressing any

opinion on the merits of the case, I deem it just and

proper to grant anticipatory bail to the accused

petitioner(s) under Section 438 Cr.P.C.

Accordingly, this/these bail application(s) under

Section 438 Cr.P.C. is/are allowed and it is directed that

in the event of arrest of petitioner(s) - (1) Mohammad

Sharif S/o Sh. Mohammad Yusuf, (2) Sahil S/o Sh.

Mohammad Sharif, (3) Mohammad Fayaz S/o Sh.

Mohammad Harun, (4) Tohid Ali S/o Sh. Mohammad

Wahid and (5) Ahmed Imran S/o Sh. Mohammad Yunus

in connection with FIR No.94/2020 of Police Station

Pratapnagar, Jodhpur, he/she/they shall be enlarged on

bail provided he/she/they furnishes a personal bond in

the sum of Rs.50,000/- with two sound and solvent

(3 of 3) [CRLMB-8588/2020]

sureties of Rs.25,000/- each to the satisfaction of the

concerned I.O./S.H.O. on the following conditions:-

(i) that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required;

(ii) that the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

(iii) that the petitioner(s) shall not leave India without previous permission of the court.

(VIJAY BISHNOI),J

85-msrathore/-

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