Allowed

Sattar v. State

Rajasthan HC21 Oct 2021CRLMB/14028/2021

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan at Jodhpur allowed a bail application filed under Section 439 Cr.P.C. The petitioner, an elderly man, was behind bars since October 2021 in a liquor-related case with framed charges. The Court granted bail considering the age, triability, length of trial, and surrender.

What did the court decide?

The petitioner shall be released on bail on furnishing a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Sattar Vs State — Civil Procedure and Limitation | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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….

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S.B. Criminal Misc. Bail Application No. 14028/2021.

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Sattar S/o Shri Saidu Khan, aged 67 years, resident of Lookaransar District Bikaner. (At Present Lodged In Central Jail, Bikaner).

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----Petitioner

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Versus

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State of Rajasthan through PP

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----Respondent

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For Petitioner(s)	: Mr. Rakesh Matoria.
For Respondent(s)	: Mr. Gaurav Singh,PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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21/10/2021

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 03/1994, Police Station Excise Inspector Circle, Bikaner Rural, registered for the offence punishable under Section 16/54 of the Rajasthan Excise Act.

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

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Learned counsel for the petitioner stated that the offence is triable by the Magistrate; that as per the prosecution, 400 bottles of illegal liquor have been recovered from the petitioner; that the accused-petitioner is behind the bars since 05.10.2021; that the accused-petitioner himself has surrendered before the learned Trial Court on 05.10.2021 and the charges were framed on the

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(2 of 2)

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[CRLMB-14028/2021]

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very same day; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that charge-sheet has been filed against the accused-petitioner on 19.08.1995 under Section 299 Cr.P.C.; that the accused-petitioner has absconded for such a long period, therefore, benefit of bail may not be granted to the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that the alleged offence is triable by the First Class Magistrate; that the accused-petitioner is behind the bars since 05.10.2021; that the accused-petitioner is a 67 years old person; that the charges have already been framed in this case; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the petitioner, Sattar S/o Saidu Khan , arrested in connection with F.I.R. No. 03/1994, Police Station Excise Inspector Circle, Bikaner Rural, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- with two surety bonds 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.

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(DEVENDRA KACHHAWAHA),J

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196-Mohan/-

Sattar v. State

Case brief

What is this about?

What did the court decide?

Sattar v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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