Mohd. Imteyaz vs State Of Rajasthan
2022 Latest Caselaw 8176 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Cr. Misc. Application No.186/2022

in

S.B. Criminal Appeal No. 823/2022

Mohd. Imteyaz S/o Shri Ramjan, Aged About 21 Years, R/o Near Railway Station Prem Nagar, Abu Road, District Sirohi At Present R/o C/o Bablu Balmiki Basti, Bandara Bas, Savalaki Talai, P.s. Cote Gate, Bikaner. (At Present Lodged In Central Jail, Bikaner)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Bularam S/o Chhelaram, B/c Valmiki, R/o Valmiki Basti Bandrabas, P.s. Kotgate, District Bikaner.

                                                                  ----Respondents


For Appellant(s)           :     Mr Kalu Ram Bhati
For Respondent(s)          :     Mr Gaurav Singh Public Prosecutor


            HON'BLE MR. JUSTICE KULDEEP MATHUR
                           (VACATION JUDGE)
                            Judgment / Order

14/06/2022

      The      appellant   has     filed      this    application     praying   for

modification of the order passed by this Court on 13.06.2022 in

S.B. Criminal Appeal No.823/2022, allowing release of the

appellant on interim bail for attending the marriage ceremony of

his sisters.

Learned counsel for the applicant-appellant has invited

attention of the Court that, inadvertently, the conditions of the

interim bail granted to the appellant are not mentioned in the

order dated 13.06.2022.

Having heard the learned counsel and perused the order

dated 13.06.2022, I am satisfied that the conditions for release of

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the appellant on the interim bail are required to be incorporated in

the order dated 13.06.2022.

Accordingly, this misc. application is accepted and the

operative portion of the order dated 13.06.2022 is modified in the

following manner:

"Having regard to the entirety of the facts and circumstances

as available on record and upon a consideration of the

arguments advanced at the Bar, so also the submissions

made on behalf of the appellant that he is the only brother of

his sisters, namely, Najmen Bano and Sahin Bano, this Court

deems it just and proper to order that the appellant be

released on interim bail for a period of four days i.e. from

15.06.2022 to 18.06.2022 for solemnization of his sisters'

marriage, which is going to be solemnized on 15.06.2022.

Accordingly, this application for interim bail under

Sec.439 CrPC is allowed, the order dated 03.06.2022 passed

by the learned Special Judge, SC/ST (Prevention of Atrocities

Cases), Bikaner is set aside and it is ordered that the

appellant Mohd Imteyaz s/o Shri Ramzan shall be

released on interim bail for a period of four days i.e. from

15.06.2022 to 18.06.2022 provided he furnishes personal

bond in the sum of Rs.50,000 with two sureties in the sum of

Rs.25,000/- each, provided further that one of the sureties

shall be furnished by his blood relative (father, mother or

sister), to the satisfaction of the Superintendent of the

Central Jail, Bikaner.

The Superintendent of the Central Jail Bikaner shall

immediately inform the concerned trial court in the event the

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appellant does not surrender himself after completion of the

period of aforesaid interim bail."

The aforesaid modified operative directions shall be read as

an integral part of the order dated 13.06.2022 passed in the

Appeal No.823/2022.

The misc. application stands disposed of accordingly.

(KULDEEP MATHUR), VJ

-MMA/-

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