Allowed

Moinuddin Khan @ Nema v. State of Rajasthan through Pp

Rajasthan HC26 Oct 2016CRLMB/13574/2016

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application under Section 439 CrPC. The petitioner, accused in offences under IPC and the Arms Act, sought bail citing false implication and prior acquittals. The court, without expressing an opinion on merits but deeming it just, ordered the petitioner's release upon furnishing a bond and sureties to the trial court.

What did the court decide?

The petitioner is released on bail under Section 439 CrPC upon furnishing a personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each to the trial court.

Moinuddin Khan @ Nema Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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ORDER

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S.B. Criminal Misc. Bail Application No.13574/2016

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Moinuddin Khan @ Nema S/o Shri Vaseer Mohammad, by caste Pinash Musalman, aged about 38 years, r/o House No. 106, Madeena Colony, Police Station Jhotwara, Jaipur. Presently resident of Rent Holder of House No. D-28, Shivpuri, Harnathpur, Police Station Kardhani,Jaipur.

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(At present confined in Central Jail, Jaipur)

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...Accused petitioner Versus

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State of Rajasthan through PP

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Date of Order :: 26^th October, 2016 PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. R.B. Mathur, for the petitioner(s) Mr. Rishi Raj Singh, PP for the State

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This bail application has been filed under Section 439 CrPC.

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Brief facts of the case are that an FIR No. 308/2016 was lodged at Police Station, Bhankrota, Jaipur for the offences U/s. 399. 402 of IPC and Section 3/25 and 4/25 of Arms Act, whereupon the investigation was commenced. During the course of investigation, the petitioner(s) was/were arrested. The petitioner(s) moved the bail application before the court below, but the same was dismissed vide order dated 18.10.2016 passed in Bail Application No. 262/2016. Hence this bail application has been filed under Section 439 CrPC.

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Learned counsel for the petitioner(s) has contended that the petitioner(s) has/have been falsely implicated in this matter. He/She/They is/are in

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judicial lock up since long and conclusion of trial will take time. Mr. Mathur, learned counsel for the petitioner has made a statement at bar that out of 8 cases, which are said to be pending against the petitioner, in four cases, he has been acquitted/released on probation and in two cases, compromise has been taken place. Now only two cases are pending against the petitioner. He has submitted the copy of the judgments/orders in which either the compromise has taken place or the petitioner has been released on probation/acquitted, which should be taken on record. In this view of the matter, he had requested that the petitioner should 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(s) on bail.

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Therefore, this bail application is allowed and it is directed that accused petitioner(s) Moinuddin Khan @ Nema S/o Shri Vaseer Mohammad, shall be released on bail under Section 439 CrPC in connection with the aforesaid FIR, provided he/she/ they furnish(es) a personal bond of Rs. 2,00,000/(Rs. Two Lakh) with two sureties of Rs. 1,00,000/(Rs. One Lakh) each to the satisfaction of the trial court with the stipulation that he/she/they shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.

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(MAHESH CHANDRA SHARMA), J.

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Sharma NK

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Moinuddin Khan @ Nema v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Moinuddin Khan @ Nema v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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