Allowed

Sikander Khan v. State of Rajasthan

Rajasthan HC22 May 2019CRLMB/1863/2019

Case brief

AI extract

What is this about?

The Rajasthan High Court granted second bail to the petitioner in a case involving offences under IPC and Arms Act, holding that his case is identical to that of a co-accused already released on bail, despite the dismissal of his earlier application.

What did the court decide?

Petitioner released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each subject to appearing as and when called upon before the trial court.

Sikander Khan Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 1863/2019

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Sikander Khan S/o Shri Hanif Khan, Aged About 40 Years, By Caste Mohammedan, R/o Chikarda, P.S. Mangalwad, Distt. Chittorgarh.

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(Presently Lodged In Distt. Jail, Chittorgarh)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. Mahipal Bishnoi, PP

¶10

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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22/05/2019

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The present 2^nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.56/2018, Police Station Mangalwad, District Chittorgarh for the offence punishable under Sections 147, 148, 323, 458, 365, 364A, 307, 120B & 149 of the IPC and Section 3/25 of the Arms Act.

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The first bail application of the petitioner was dismissed on 24.08.2018 by this Court.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the co-accused Rashid Khan has already been granted bail by this Court vide order dated

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(2 of 2)

¶18

[CRLMSB-1863/2019]

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24.09.2018 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court.

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The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

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Consequently, the 2^nd bail application is allowed. It is ordered that the accused-petitioner Sikander Khan S/o Shri Hanif Khan arrested in connection with FIR No.56/2018, Police Station Mangalwad, District Chittorgarh, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

¶23

(VINIT KUMAR MATHUR),J

¶24

9-SunilS/-

Sikander Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sikander Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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