Citation : 2022 Latest Caselaw 15032 Raj
Judgement Date : 21 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 16054/2022
1. Yasin S/o Kasam Khan, Aged About 24 Years, R/o Bheevji Ka Gaon, Ps Baap, Dist. Jodhpur. (At Present Lodged In Sub Jail Phalodi).
2. Hajoor @ Rafeek S/o Ismail Khan, Aged About 22 Years, R/o Bheevji Ka Gaon, Ps Baap, Dist. Jodhpur. (At Present Lodged In Sub Jail Phalodi).
3. Bilal S/o Mohammad Khan, Aged About 24 Years, R/o Baap At Present Bheevji Ka Gaon, Ps Baap, Dist. Jodhpur. (At Present Lodged In Sub Jail Phalodi).
4. Jakar Khan S/o Dale Khan, Aged About 22 Years, R/o Baap At Present Bheevji Ka Gaon, Ps Baap, Dist. Jodhpur. (At Present Lodged In Sub Jail Phalodi).
----Petitioners Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Moh. Rasheed. For Respondent(s) : Mr. S.K. Bishnio, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
21/12/2022
1. The instant bail application has been filed by the petitioners
(1) Yasin S/o Kasam Khan, (2) Hajoor @ Rafeek S/o Ismail Khan,
(3) Bilal S/o Mohammad Khan, (4) Jakar Khan S/o Dale Khan
under Section 439 Cr.P.C against the order impugned passed by
learned court below in connection with FIR No.350/2022,
registered at Police Station Phalodi, District Jodhpur, for the
offence under Section 379 of the IPC.
(2 of 2) [CRLMB-16054/2022]
2. Learned counsel for the accused-petitioners submits that a
false case has been foisted against the petitioners. The accused-
petitioners have nothing to do with the alleged offences. The case
is exclusively triable by the court of Magistrate. Trial is likely to
take long time to conclude. No fruitful purpose would be served by
keeping the accused-petitioners behind the bars till disposal of the
case.
3. Per contra, learned Public Prosecutor and learned counsel for
the complainant have opposed the bail application.
4. Heard. Considering the arguments advanced by the counsel
for the parties and looking to the possibility that the trial may take
long time to conclude, this court deems it just and proper to
enlarge the petitioners on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioners shall be
enlarged on bail provided each of them furnishes a personal bond
in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Judge for their appearance
before the court concerned on all the dates of hearing as and
when called upon to do so.
(FARJAND ALI),J 142-prashant/-
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