Two bail applications filed by petitioners against a criminal case were dismissed. The court held the applications were pressed without merit and granted neither bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
(1) S.B. Criminal Misc. Bail Application No.8107/2015
Munazir Khan Versus State of Rajasthan
Islam Khah Versus State of Rajasthan
DATE OF ORDER : 07/08/2015
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. S.M. Khan ] for petitioners Mr. Vinod Kumar Sharma ] Mr. R.S. Raghav, P.P., for the State
Heard learned counsel for the parties and perused the record of the case.
It is stated that petitioners are not having criminal background rather they have been falsely implicated in the case. The land in dispute belongs to private person and not to the government, thus encroachment was wrongly removed by the government officials. Hence, petitioners may be granted bail.
Learned Public Prosecutor has opposed the bail applications. He submits that petitioners and others were shouting and raising slogans against removal of encroachment on the government land by the Police officials while they were discharging their duties. The stones were also thrown on them and their Jeep was got damaged. No document exists on record to show that the land in dispute was not of the government. Looking to the aforesaid, petitioners may not be granted bail.
After considering 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 not inclined to grant bail to the petitioners. Hence, both the bail applications are dismissed.
[M.N.BHANDARI], J.
FRBOHRA
Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, Sr. P.A.
Munazir Khan
Islam Khah
State of Rajasthan
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
