The High Court allowed the second bail application by the petitioner, Latif Khan, considering his co-accused was granted bail and he agreed to a local surety, under Section 439 Cr.P.C.
Petitioner granted bail on personal bond of Rs.50,000 and two sureties of Rs.25,000 each, with one being a local surety.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. 2nd Bail Application No. 12102 / 2017
Latif Khan S/o Baletar Khan, by-caste Musalman, resident of Msuri (MASURI) Police Station Pavai, Distt. Bhind (M.P.)
(Presently Confined in Central Jail Jaipur)
----Accused Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent _____________________________________________________ For Petitioner(s) : Mr. CS Chouhan For Respondent(s) : Mr. RS Shekhawat, PP
HON'BLE MR. JUSTICE M.N.BHANDARI
Judgment
18/09/2017
Heard learned counsel for the parties and perused the record of the case.
It is stated that co-accused Dharmendra has been granted bail and the case of the petitioner is similar to that of Dharmendra thus petitioner may be enlarged on bail. Learned counsel has agreed to submit a local surety.
Learned Public Prosecutor has opposed the second bail application.
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 but looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail.
(2 of 2)
[CRLMB-12102/2017]
Accordingly, second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner-Latif Khan S/o Shri Baletar Khan in FIR No.98/2015, registered with Police Station Bhata Basti, Jaipur for the offence under Section 365 IPC be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/each, out of which, one should be local surety in the like amount to the satisfaction of the learned trial court for his appearance before the court on all subsequent dates of hearing and as and when called upon to do so.
(MN BHANDARI) J.
FRBOHRA
1 issue framed by the court
Whether second bail application under Section 439 Cr.P.C. should be allowed considering similarity to co-accused case and agreement to local surety.
1 provisions across 1 enactments
Latif Khan
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
