Madina Bano vs State Of Rajasthan
2022 Latest Caselaw 14551 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Criminal Miscellaneous Bail Application No. 15291/2022

Madina Bano W/o Mo. Saleem Chimpa, Aged About 57 Years, Gali No. 44, Teli Road, Ladanu, P.s. Ladnu, Dist. Nagour. (Presently Lodged In Sub Jail Ladnu, Dist. Nagaour).

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

----Respondent Connected With (2) S.B. Criminal Miscellaneous Bail Application No. 15292/2022

Assef Chimpa S/o Mo. Saleem Chimpa, Aged About 27 Years, Gali No. 44 Teli Road, Ladanu, P.s. Ladnu, Dist. Nagour. (Lodged At Sub Jail, Ladanu Dist. Nagour).

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

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Mukhatiyar Khan, PP Mr. Talat Bari, for the complainant

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

12/12/2022

Both the bail applications under Section 439 Cr.P.C. are laid

by petitioners in connection with FIR No.220/2022, registered at

Police Station Ladnu, District Nagaur wherein they are charged

for offences punishable under Sections 498A, 304B and 34 of the

IPC.

It is contended on behalf of petitioners that the petitioners

have falsely been implicated in the present case, however, the

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dispute between the parties has already been settled out of court

and a compromise has been arrived at between the parties. The

copy of the compromise has also been produced before the Court

for perusal. Therefore, it is prayed that the petitioners may be

enlarged on bail.

Per contra, learned Public Prosecutor opposed the bail

application. Learned counsel for the complainant is not in a

position to dispute the fact of compromise between the parties.

Having heard learned counsel for the parties and considering

the fact that the parties have already compromised the matter ,

without expressing any opinion on merits of the case, I deem it

just and appropriate to grant indulgence to the petitioners by

enlarging them on bail.

Accordingly, the bail applications under Section 439 Cr.P.C.

are allowed and it is ordered that accused-petitioners (1) Madina

Bano W/o Mohd. Saleem Chimpa and (ii) Assef Chimpa S/o Mohd.

Saleem Chimpa arrested in connection with F.I.R. No.220/2022,

Police Station Ladnu, District Nagaur may be released on bail;

provided they furnish personal bonds of Rs.1,00,000/- each with

two surety bonds of Rs.50,000/- to the satisfaction of learned

trial Court with the stipulation to appear before that Court on all

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

(MADAN GOPAL VYAS),J 96-CPGoyal/-

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