High Court at Jodhpur dismissed Wasim Akram's bail application as not pressed but granted liberty to revisit. It granted bail to Liyakat Mohammad under Section 439 Cr.P.C. while dismissing Yunis's application.
Bail allowed for Liyakat Mohammad on Rs.50,000 bond; liberty granted for future applications for Wasim Akram and Yunis.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13506/2020
Wasim Akram @ Bhaniya S/o Jahur Mohammad, Aged About 24 Years, Behind Shekh Ji Pol, Laykan Mohalla Police Station Sadar Kotwali, Jodhpur (Raj.). (Presently Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11869/2020 1. Liyakat Mohammad S/o Jahur Mohammad, Aged About 24 Years, R/o Behind Shekh Ji Pol, Laykan Mohalla Police Station Sadar Kotwali, Jodhpur (Raj.). (Presently Lodged At Central Jail, Jodhpur). 2. Yunis @ Yunus S/o Lt. Noor Mohammad, Aged About 28 Years, R/o Behind Shekh Ji Pol, Laykan Mohalla Police Station Sadar Kotwali, Jodhpur (Raj.). (Presently Lodged At Central Jail, Jodhpur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kaushal Gautam, on VC For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
(2 of 3)
[CRLMB-13506/2020]
01/12/2020
CRLMB No.13506/2020 (Wasim Akram @ Bhaniya Vs. State)
In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
Counsel for the petitioner does not want to press the bail application at this stage, however, seeks liberty to come back after charge-sheet is filed.
The liberty sought for is granted.
The instant bail application is dismissed as not pressed with the aforesaid liberty.
CRLMB No.11869/2020 (Liyakat Mohammad & Anr. Vs. State )
In wake of onslaught of COVID-19, lawyers have been advised
to refrain from coming to the Courts.
At the outset, counsel for the petitioner does not want to press bail application of accused-petitioner no.2 Yunis @ Yunus at this stage, however, seeks liberty to file afresh after charge-sheet is filed.
The liberty sought for is granted.
The instant bail application so far as it relates to accusedpetitioner no.2 Yunis @ Yunus is dismissed as not pressed with the aforesaid liberty.
As far as accused-petitioner no.1 Liyakat Mohammad is concerned, counsel for the petitioner submits that :-
The petitioner has been arrested in connection with FIR No.124/2020 of Police Station, Sadar Kotwali, District Jodhpur for the offences punishable under Sections 323, 341, 147, 148, 149 & 307 IPC. He has preferred this bail application under Section 439 Cr.P.C.
This Court has perused the material available on record.
Counsel for the petitioner submits that similarly situated co-
(3 of 3) [CRLMB-13506/2020]
accused persons i.e. Imran Pathan @ Shanu and Mohammad Abbas have been enlarged on bail by this Court vide CRLMB No.10757/2020, on 07.10.2020. The case of present accusedpetitioner being not distinguishable, thus, his bail application deserves to be granted.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner no.1 Liyakat Mohammad S/o Jahur Mohammad shall be released on bail in connection with FIR No.124/2020 of Police Station, Sadar Kotwali, District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
(DR.PUSHPENDRA SINGH BHATI),J.
40-41- Sanjay/-
1 issue framed by the court
Whether to grant liberty for press Status??
1 provisions across 1 enactments
WASIM AKRAM @ BANIYA
STATE
LIYAKAT MOHAMMAD
YUNIS @ YUNUS
STATE OF RAJASTHAN
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
