Mohd. Sufiyan @ Sufman S/O Abdul ... vs State Of Rajasthan ...
2023 Latest Caselaw 6400 Raj/2

[2023:RJ-JP:32517]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No.
                              12858/2023

Mohd. Sufiyan @ Sufman S/o Abdul Salam, Aged
About      30       Years,       R/o      Ansari        Mohalla,    City
Sawaimadhopur (At Present Confined In District Jail
Sawai Madhopur)
                                                           ----Petitioner
                                  Versus
1.      State Of Rajasthan, Through Pp
2.      Kailash Chand Jat S/o Deviram, R/o Karoli
        Tara      Chand,        Khandar,         P.s.      Baharawanda
        Kalan, District Sawai Madhopur At Present R/o
        Choki City, Kotwali, Sawai Madhopur.
3.      Kapil S/o Ramchandra Saharan (Jat), R/o
        Bhanhasar, P.s. Nokha, District Bikaner.
                                                     ----Respondents

Connected With S.B. Criminal Miscellaneous Bail Application No. 12859/2023 Mohd Sohel @ Soyab S/o Salimuddin, Aged About 21 Years, R/o E-17, Darbar Colony, Delhi Byepass Road, Idgah, Jaipur (Presently R/o Tethera Kund, Sawai Madhopur) (At Present Confined District Jail Madhopur).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kailash Chand Jat S/o Deviram, Presently Posted As Constable At Police Chowki City, Kotwali, Sawai Madhopur.

3. Kapil S/o Ramchandra Saharan (Jat), R/o Bhanhasar, Police Station Nokha, District Bikaner.

[2023:RJ-JP:32517] (2 of 3) [CRLMB-12858/2023]

----Respondents

For Petitioner(s) : Mr. Shamsuddin Ansari, Adv.

& Mr. Amir Aziz, Adv.

For                      : Mr. Atul Sharma, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

02/11/2023

These bail applications have been filed by

petitioners under Section 439 Cr.P.C. seeking regular

bail in FIR No.336/2023 registered at Police Station

Kotwali Sawai Madhopur, District Sawai Madhopur for

the offence(s) under Section(s) 147, 148 & 307 IPC.

Learned counsel for petitioners submit that

accused-petitioners are innocent and they have been

falsely implicated in these cases. They further submit

that co-accused have already been enlarged on bail

by a Co-ordinate Bench of this Court and learned trial

Court concerned. They also submit that accused-

petitioners have been in judicial custody since long

and the conclusion of the trial will take long time,

hence petitioners may be enlarged on bail.

Learned Public Prosecutor appearing for the

State has opposed these bail applications.

Learned Public Prosecutor has submitted the

report wherein, it has been mentioned that

[2023:RJ-JP:32517] (3 of 3) [CRLMB-12858/2023]

victim/complainant(s) has been informed. The same

is taken on record. Despite that, no one is present on

behalf of the victim/complainant(s). Thus, service is

treated as complete.

Taking into consideration the overall facts and

circumstances of these cases, but without expressing

any opinion on the merits and demerits of these

cases, this Court deems it just and proper to enlarge

petitioners on bail.

Accordingly, these bail applications filed under

Section 439 Cr.P.C. are allowed and it is ordered that

accused-petitioners 1.Mohd. Sufiyan @ Sufman

S/o Abdul Salam & 2.Mohd Sohel @ Soyab S/o

Salimuddin shall be released on bail, provided each

of them furnishes a personal bond in the sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each

to the satisfaction of the trial Court, with the

stipulation that petitioners shall appear before that

Court on all subsequent dates of hearing and as and

when called upon to do so.

A copy of this order be placed in connected file.

(UMA SHANKER VYAS),J

DANISH USMANI /85 & 86

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