Rajasthan High Court
Jahid Khan S/O Nasir Khan vs State Of Rajasthan on 31 October, 2022
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11823/2022
1. Jahid Khan S/o Nasir Khan, R/o A-55, Ciphiyan Colony,
Ghatgate, Jaipur (At Present Confined At Central Jail
Jaipur)
2. Arshad Khan S/o Wajir Khan, R/o A-55, Ciphiyan Colony,
Ghatgate, Jaipur (At Present Confined At Central Jail
Jaipur)
----Petitioners
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13106/2022
Tahir Khan S/o Nasir Khan, R/o A-55, Ciphiyan Colony, Ghatgate,
Jaipur ( At Present Confined At Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Rajeev Surana, Sr. Adv. assisted
by Mr. Sankalp Sogani,
Ms. Anushree Sharma,
Ms. Suchita Sheoman &
Ms. Muskan Verma
For Respondent(s) : Mr. Babulal Nasuna, P.P.,
Mr. Ashvin Garg
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
31/10/2022
(2 of 4) [CRLMB-11823/2022]
These bail applications have been filed under Section 439
Cr.P.C in connection with FIR No.133/2021 registered at Police
Station Lalkothi, Jaipur City (East) for the offences under Sections
147, 148, 149, 323, 341, 434, 307 and 302 of I.P.C. & 4/25 of
Arms Act.
Learned counsel for the petitioners submits that in this
matter, cross FIR has been lodged in which the complainant party
is aggressor and proper video footage of the entire incident is
available. In the present matter accused- Anas & Faizal were
juveniles and the juvenile Court has acquitted them. Recovery of
spade (Fawda) is falsified as there is no injury of the Fawda on the
person of deceased. No specific role has been attributed of Jahid
Khan, Tahir Khan & Arshad Khan. The petitioners had no weapon
in their hands nor they caused any injury. Counsel further submits
that charge-sheet has been filed and the conclusion of the trial will
take time. Hence, petitioners may be enlarged on bail.
Learned counsel for the petitioners have relied upon the
orders passed in the cases of Naresh Vs. State & Anr. (S.B.
Criminal Appeal No.1920/2021) decided on 06.04.2022 Rajasthan
High Court, Narain Vs. State of Rajasthan S.B. Criminal Misc. Bail
Application No.1336/2001 decided on 17.04.2001 Rajasthan High
Court, Ganpat Vs. State of Rajasthan reported in 1998 (2) RajCriC
198, Laxmi Narain & Anr. Vs. State of Rajasthan reported in 2001
SCC OnLine Raj. 416, Laxmi Narain Vs. State of Rajasthan & ors.
D.B. Criminal Appeal No.1643/2002 decided on 28.04.2005
Rajasthan High Court and Rajendra & ors. Vs. State of Rajasthan
reported in 2005 SCC OnLine Raj. 363.
(3 of 4) [CRLMB-11823/2022]
Learned Public Prosecutor and learned counsel for the
complainant have opposed the bail applications.
It is further submitted by the learned counsel for the
complainant that specific role of petitioners have been attributed
in the statements of injured eye witnesses Sakir & Sajid and
looking to the facts and gravity of offences, bail applications of the
petitioners may kindly be rejected.
Heard.
Perused the file and judgment relied upon by petitioners.
Learned State counsel submitted the factual report which is
taken on record. As per factual report, the petitioners Tahir Khan
and Zahid Khan have criminal antecedents of one case each.
It is a case of murder of two persons namely Shabir Khan
and Smt. Nafisa Khan. The petitioners are named in the FIR.
Specific role of the petitioners have been attributed in the
statements of injured eye witnesses Sajid Khan & Shakir Khan. At
the instance of petitioner Zahid Khan, one blood stained spade
(Fawda) was recovered. At the instance of petitioner Tahir Khan,
one peace of iron pipe was also recovered. As per postmortem
report of Shakhir Khan & Smt. Nafisa Khan cause of death are
shock brought about as a result of cumulative effect of injuries
No.1 & 2. Therefore, considering the submissions made by learned
counsel for the complainant and taking into consideration overall
facts and circumstances of the case and gravity of offences but
without expressing any opinion on the merits/demerits of the
case, I deem it not proper to enlarge the petitioners on bail.
(4 of 4) [CRLMB-11823/2022]
Accordingly, the bail applications under Section 439
Cr.P.C. are dismissed.
(CHANDRA KUMAR SONGARA),J
Keshav/47-48
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