Allowed

Saddequ v. State of Rajasthan through P.P.

Rajasthan HC4 Aug 2011CRLMB/6912/2011

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the petitioner's bail application. The court noted a change in the injured party's statement implicating a different person and the existence of cross cases, deciding the petitioner deserved release on bail for offences under IPC Sections 143, 341, 323, and 307.

What did the court decide?

Petitioner Saddequ released on bail in FIR No. 463/2010 under Section 439 CrPC by furnishing a personal bond of Rs. 40,000 and one surety.

Saddequ Vs State of Rajasthan through P.P. — Cheating and Forgery | Rajasthan HC (2011)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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JAIPUR BENCH, JAIPUR

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ORDER

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SB Cr Misc Third Bail Application No. 6912/2011

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Saddequ Vs State of Raj through PP 4.8.2011

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HON'BLE MR. JUSTICE MN BHANDARI

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Mr Rahul Tiwari - for the petitioner

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Mr Pradeep Shrimal, PP – for the State

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BY THE COURT:

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Heard learned counsel for the parties and perused the record of the case.

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Learned counsel for the petitioners submits that first bail application of the petitioner was withdrawn at that stage and it is now been filed on submission of charge sheet. The injured Sher Mohd in his initial statement assigned the head injury to Amin but then he changed his version in the supplementary statement and accordingly petitioner has been falsely implicated in the matter. Looking to the fact aforesaid and even the fact that injured has sustained only one injury on head and, that too, assigned to Amin, petitioner is entitled to be released on bail. This is more so when there exist cross cases between the parties.

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On the other hand, learned Public Prosecutor has

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opposed the bail application.

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After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, the bail application is allowed. It is ordered that petitioner – Saddequ may be released on bail under section 439 CrPC in FIR No. 463/2010 registered at Police Station- Tijara, Alwar for offence under Section/s 143, 341, 323 and 307 IPC provided petitioner furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.

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(MN BHANDARI), J.

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bnsharma

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All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.

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(BN Sharma) PS-cum-JW

Saddequ v. State of Rajasthan through P.P.

Case brief

What is this about?

What did the court decide?

Saddequ v. State of Rajasthan through P.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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