The High Court allowed the bail application filed under Section 439 Cr.P.C., directing the release of the petitioner in judicial custody while furnishing a personal bond and two sureties with specific conditions for police appearance.
Petitioner released on bail furnished by personal bond of Rs. 2 lakh and two sureties of Rs. 1 lakh each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 3966 / 2017
Hanif S/o Ghughan B/c Mew, R/o Village Dhani Ghuni Tan Palpur, PS Tijara, District Alwar. (At Present Confined in Judicial Custody in Sub Jail, Kishangarh Bas).
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Rajkumar Goyal
For Respondent(s) : Mr. R.S. Shekhawat, P.P.
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Judgment / Order
22/03/2017
This bail application has been filed under Section 439
Cr.P.C.
Brief facts of the case are that an FIR No.189/2010 was registered at P.S. Bhiwadi, District Alwar for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter the petitioner moved bail application before the learned Court below under Sec.439 Cr.P.C, who vide detailed impugned order dismissed the bail application. Hence this bail application has been preferred on behalf of the petitioner.
Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged crime, there is no case made out against the petitioner. It has also been contended that the accused petitioner is in judicial lockup since long, trial of the case is likely to take time, hence, the accused petitioner should be released on bail.
(2 of 2)
[CRLMB-3966/2017]
On the other hand, learned Public Prosecutor has opposed the bail application.
Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.
Therefore, this bail application is allowed and it is directed that accused petitioner Hanif S/o Ghughan shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR, provided he furnishes a personal bond in the sum of Rs.2,00,000/- (Rupees two lac) together with two sureties in the sum of Rs.1,00,000/- (Rupees one lac) each to the satisfaction of the trial court on the following conditions:
(iv) that the accused petitioner shall appear before the concerned trial court on all subsequent dates of hearing and as and when called upon to do so.
(MAHESH CHANDRA SHARMA)J.
Sandeep/248
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Hanif S/o Ghughan
State of Rajasthan
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
