Rajasthan High Court - Jodhpur
Jainab Khan vs State Of Rajasthan (2023:Rj-Jd:41135) on 29 November, 2023
Author: Farjand Ali
Bench: Farjand Ali
[2023:RJ-JD:41135]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3226/2019
1. Smt Ruksana W/o Shri Saifuddin, Aged About 59 Years,
B/c Bohra Musalman, R/o Mohalla Musalim, Colony,
Oposite Shep-Up-Gym Gali, Banswara (Rajasthan)
2. Saifuddin Garhvala S/o Shri Ahmed, Aged About 63 Years,
B/c Bohra Musalman, R/o Mohalla Musalim, Colony,
Oposite Shep-Up-Gym Gali, Banswara (Rajasthan)
3. Shenaj W/o Shri Burhanuddin, Aged About 35 Years, B/c
Bohra Musalman, R/o Mohalla Musalim, Colony, Oposite
Shep-Up-Gym Gali, Banswara (Rajasthan)
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Inspector General Of Police, Udaipur Range, Udaipur.
3. Soniya Trivedi W/o Shri Sanjay Trivedi, By Caste
Brahman, Resident Of 56, Budheshwar Road, Tata Nagar,
Ratlam (Mp)
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 3096/2019
1. Jainab Khan W/o Sh. Sahanawaz Khan, Aged About 29
Years, B/c Musalman, R/o Nabi Pura, Tehisl And Distt.
Banswara (Raj.)
2. Sahanwawz Alias Sonu S/o Sh. Sahajaman Khan, Aged
About 32 Years, B/c Musalman, R/o Nabi Pura, Tehisl And
Distt. Banswara (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Inspector General Of Police, Udaipur Range, Udaipur
3. Smt. Soniya W/o Sh. Sanjay Trivedi, B/c Brahman, R/o
56, Budheshwar Road, Tata Nagar, Ratlam (Mp)
----Respondents
(Downloaded on 30/11/2023 at 08:39:45 PM)
[2023:RJ-JD:41135] (2 of 3) [CRLMP-3226/2019]
For Petitioner(s) : Mr. S.S. Rathore
Mr. Hitendra
For Respondent(s) : Mr. Laxman Solanki, PP
Mr. Devendera Sanwalot
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/11/2023
1. As per the factual report dated 26.11.2023 submitted by
learned Public Prosecutor, after investigation, the offence
under Sections 420, 467, 468 and 120-B has been found
proved against the accused Shahnawaz, Smt. Zainab, Smt.
Rukhsana, Smt. Shehnaaz, Saifuddin and Burhanuddin.
2. The factual report be taken on record.
3. I have gone through the allegations levelled in the F.I.R. and
the nature of dispute between the parties. As a matter of fact,
the Mortgage deed and the Baksisnama got registered at the
office of Sub-Registrar, Banswara. There may be some issues
for which the legal battle can be continued.
4. In this view of the matter, Shri Shambhoo Singh Rathore,
learned counsel for the petitioner, seeks withdrawal of the
instant petitions with liberty to protect their right to life and
liberty.
5. Accordingly, the instant criminal misc. petitions are disposed
of. The petitioner shall not be arrested and if the charge-sheet
is to be filed, then instead of making arrest, they shall be
directed to remain present before the Court concerned on the
day fixed for filing of challan.
[2023:RJ-JD:41135] (3 of 3) [CRLMP-3226/2019]
6. In the event, the charge-sheet is filed and the accused
appears and moves a regular bail application, learned trial
Court shall release them on bail on the very same day on
amount of surety and bond as it deems appropriate, since the
provision contained under Section 41 and 41-A Cr.P.C. as well
as the judgment passed by Hon'ble the Supreme Court in the
case of Arnesh Kumar vs. State of Bihar reported in AIR
2014 SC 2756 applies squarely in this matter.
(FARJAND ALI),J
326-327-Ashutosh/-
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