Rajasthan High Court - Jodhpur
Abdul Sabik vs State Of Rajasthan (2024:Rj-Jd:42131) on 16 October, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:42131]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 13702/2023
Abdul Sabik S/o Late Saleem P.a., Aged About 24 Years, R/o
Parakunnathu House, Thiruvanikkavu, Ollukkara P.o, Thrissur,
Kerala (At Present Lodged In Central Jail, Jaisalmer)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Sumera Parvaj W/o Late Asbakmon, R/o Kakranta
House, Perigandi New Mahi, Dist. Kanur, Kerala
----Respondents
For Petitioner(s) : Mr. Neel Kamal Bohra
For Respondent(s) : Mr. Surendra Bishnoi, PP
Mr. Bhawani Singh, RPS, Pokharan, IO
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
16/10/2024
The present second bail application has been filed under
Section 439 Cr.P.C. The petitioner has been arrested in connection
with FIR No.03/2020 registered at Police Station Shahgarh District
Jaisalmer for the offences punishable under Sections 302, 201,
404 & 120-B of IPC and Section 66-GH of I.T. Act.
Learned counsel for the petitioner submits that the first bail
application of the accused-petitioner was rejected on merit on
09.09.2022. Thereafter, petitioner preferred a petition before the
Hon'ble Apex Court and the Hon'ble Apex Court vide order dated
27.02.2023 issued direction to the trial court to conclude the trial
within a period of six months from today and liberty was also
granted to renew the prayer for bail afresh in case the trial is not
[2024:RJ-JD:42131] (2 of 2) [CRLMB-13702/2023]
concluded within the specified period. Counsel for the petitioner
further submits that the petitioner is inside jail since 08.06.2022
and a specific allegation for causing injuries has been leveled
against co-accused. Counsel submits that out of total 40
witnesses, till date only 10 prosecution witnesses have been
examined and cross examination of two witnesses is still pending.
In these circumstances, it is prayed that the benefit of bail may be
granted to the petitioner.
Learned Public Prosecutor has opposed the prayer for grant
of bail.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application under Section 439
Cr.P.C. is allowed and it is ordered that the accused-petitioner-
Abdul Sabik S/o Late Saleem P.a., shall be enlarged on bail in
FIR No.03/2020 registered at Police Station Shahgarh District
Jaisalmer provided he furnishes a personal bond in the sum of
Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the
satisfaction of learned trial court for his appearance before that
court on each and every date of hearing and whenever called upon
to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
143-mSingh/-
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