Allowed

Mubarik v. State of Rajasthan through Pp

Rajasthan HC15 Dec 2015CRLMB/14500/2015

Case brief

AI extract

What is this about?

This High Court allowed a third bail application filed by the petitioner challenging charges of kidnapping, extortion, and joint conspiracy, granting bail on written bond of ₹5,00,000/- with stipulations to appear before the trial court and concerned SHO.

What did the court decide?

Petitioner enlarged on bond of Rs. 5,00,000/- with two sureties directing monthly appearance before SHO.

Mubarik Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JAIPUR BENCH, JAIPUR S.B. Criminal Misc. Third Bail Application No.14500/2015 Mubarik vs State Date of Order :: 15^th December, 2015 PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr.Harendra Singh for the petitioner Mr.RS Shekhawat PP for the State

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This Third bail application has been filed under Section 439 CrPC.

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Brief facts of the case are that an FIR No.114/2014 was lodged at Police Station Sikari, Bharatpur for the offence under Sections 365,364A,394,368 and 120B IPC, whereupon the investigation was commenced. During the course of investigation, the petitioner was arrested. He moved the bail application before the court below, which was dismissed on 10/4/2014. He preferred first bail application before this court which came to be dismissed on 8/5/2014 wherein liberty was granted to to the petitioner to file a fresh bail application before the court below after filing of challan. He filed bail application before the court below which was dismissed on 8/7/2014. His second bail application was dismissed by this court on 10/11/2014 with liberty to file bail application before the trial court after statement of Neelkanth and Laxman. He preferred bail application before the trial court which came to be dismissed on 18/11/2015. Hence this third bail application before this court.

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The main contention of learned counsel for the petitioner is that co-accused Junded has been enlarged on bail on 6/11/2015 vide SB Criminal Misc. fifth Bail application No.12354/2015 on the ground that main witness has been declared hostile and thus the

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prosecution case has not been supported. Counsel further submits that the case of the present petitioner is on better footing, hence the petitioner be released on bail.

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Learned PP appearing for the State has

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opposed the same.

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I have heard learned counsel for the parties and carefully perused the relevant material on record.

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Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem just and proper to enlarge the petitioner on bail.

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Therefore, this bail application is allowed and it is directed that accused petitioner Mubarik son Shri Maal Mohammad shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs. 5,00,000/- with two sureties of Rs. 2,50,000/- to the satisfaction of the trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so. After release of the accused petitioner on bail, he shall appear before the concerned SHO once in a month for a year. The SHO concerned is directed to mention the aforesaid fact in the Rojnamcha. If the accused petitioner does not appear before the concerned SHO, the SHO concerned shall inform the learned PP appearing for the State. Thereafter, the learned PP shall move application for cancellation of bail under section 439 (2) Cr.P.C.

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(MAHESH CHANDRA SHARMA), J.

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om112

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All corrections made in the judgment/order have been incorporated in the judgment/order being E-mailed.

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Om Prakash PA

Mubarik v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Mubarik v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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