Allowed

Munna Qureshi S/O Shri Banu Qureshi B/C Muslim v. State of Rajasthan through Pp

Rajasthan HC19 Nov 2018CRLMB/14562/2018

Case brief

AI extract

What is this about?

During hearing a third bail application under Section 439 Cr.P.C. involving offences under the Excise Act the Court allowed the petition noting that witness statements remained unrecorded despite prior court directions and the petitioner had been in custody for over six months.

What did the court decide?

Petitioner released on bail upon furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Munna Qureshi S/O Shri Banu Qureshi B/C Muslim Vs State… — Narcotics (NDPS) | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Third Bail No. 14562/2018

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Munna Qureshi S/o Shri Banu Qureshi B/c Muslim, R/o Parwat Colony, Aamagarh Delhi Road, Police Station Transport Nagar, Jaipur. (Presently Accused In Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan Through Pp, Raj.

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----Respondent

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For Petitioner(s) : Mr. Kapil Gupta For Respondent(s) : Mr. R.R. Singh Rathore, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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19/11/2018

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Petitioner has filed this third bail application under Section 439 of Cr.P.C.

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F.I.R. No.353/2002 was registered at Police Station Govindgarh, District Jaipur for offence under Sections 19/54, 54A of Excise Act.

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It is contended by counsel for the petitioner that while rejecting the second bail application, this Court directed the Court below to expedite the disposal of the case. It is contended that after rejection of the second bail application, no witnesses have been examined till date. Petitioner has remained in custody for a period of more than six months. Minimum sentence provided for under Section 54(A) of the Excise Act is six months, which may extend to three years.

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(2 of 2)

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[CRLMB-14562/2018]

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Learned Public Prosecutor has opposed the third bail application.

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I have considered the contentions.

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Taking note of the fact that statements of witnesses have not been recorded inspite of directions of the Court. Petitioner has remained in custody for more than six months, I deem it proper to allow the third bail application.

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This third bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when

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called upon to do so.

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(PANKAJ BHANDARI),J

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Arun/182

Munna Qureshi S/O Shri Banu Qureshi B/C Muslim v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Munna Qureshi S/O Shri Banu Qureshi B/C Muslim 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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