Allowed

Yusuf Khan v. State

Rajasthan HC24 May 2019CRLW/207/2019

Case brief

AI extract

What is this about?

In a criminal writ petition by a petitioner accused of theft who had previously jumped bail, the High Court of Rajasthan directed his release on bail by setting aside lower court orders dismissing his bail application, subject to furnishing personal and surety bonds.

What did the court decide?

Petitioner to be released on bail on personal bond of Rs. 50,000 with two surety bonds of Rs. 25,000 each; impugned bail rejection orders set aside.

Yusuf Khan Vs State — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Criminal Writ Petition No. 207/2019

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Yusuf Khan S/o Sh. Khuda Bux Chudighar, Aged About 36 Years, B/c Muslim, R/o Indira Colony, Badi Sadri, Distt. Chittorgarh (Presently Confined in Distt. Jail, Chittorgarh, Distt. Chittorgarh)

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner : Mr. Srikant Verma For Respondent : Mr. Mahipal Bishnoi, P.P.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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24/05/2019

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The present criminal writ petition has been preferred by the petitioner challenging impugned Orders dated 05.04.2019 (Annx.3) passed by the learned Sessions Judge, Chittorgarh in Criminal Appeal No. 52/2019 (69/2019) vide which the appeal filed by the petitioner against the Order dated 29.03.2019 (Annx.2) passed by the learned Nyayadhikari, Gram Nyayalar Bhadesar, District Chittorgarh in Criminal Regular Case No. 206/2011 (882/2008) (308/2004) rejecting the bail application under Section 437 of Cr.P.C. filed by the petitioner, was dismissed.

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

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It is submitted on behalf of the petitioner that the petitioner is facing trial for the offence under Section 379 of I.P.C. He was granted bail by the learned trial court but he failed to appear before the learned trial court on the date fixed for his appearance,

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(2 of 2)

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[CRLW-207/2019]

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therefore, he jumped the bail. The petitioner is ready to submit his bail bonds and shall continue to appear before the learned trial court on each and every date of hearing fixed by the learned trial court and shall not jump the bail again.

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The learned Public Prosecutor opposes the bail.

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Having considered the totality of facts and circumstances of the case and the arguments advanced, this Court deems it just and proper to enlarge the accused petitioner on bail.

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Accordingly, the criminal writ petition is allowed and the impugned Orders dated 29.03.2019 as well as dated 05.04.2019 passed by the learned courts below qua the petitioner are set aside and it is directed that petitioner - Yusuf Khan S/o Khuda Bux Chudighar be released on bail in F.I.R. No. 150/2004, Police Station Bhadsoda, District Chittorgarh provided he furnishes a personal bond for a sum of Rs.50,000/- with two surety bonds of Rs. 25000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. The petitioner is also required to comply with the order passed under Section 446 of Cr.P.C.

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(VINIT KUMAR MATHUR),J

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33-Inder/-

Yusuf Khan v. State

Case brief

What is this about?

What did the court decide?

Yusuf Khan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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