Allowed

Sikandar Khan v. State

Rajasthan HC27 Aug 2021CRLMB/4672/2021

Case brief

AI extract

What is this about?

This common order grants bail to two petitioners charged under Section 392 IPC in an offence triable by a Magistrate. The court accepted applications under Section 439 CrPC, noting that the trial would take sufficient time. Bail was allowed subject to a personal bond and two surety bonds.

What did the court decide?

Petitioners released on bail on personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each.

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 5992/2021 Aasif @ Bablu S/o Akbar Khan @ Kalu Khan, Aged About 25 Years, R/o Krishna Colony, Dhundhala, P.S. Sojat Road, Dist. Pali (Raj.). (Petitioner Is Lodged In Sub Jail, Sojat, Dist. Pali).

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 4672/2021 Sikandar Khan S/o Sh. Saddiq Khan, Aged About 21 Years, B/c Teli Musalman, R/o Hazi Mill Circle, Sojat Road, Police Station Sojat Road, Dist. Pali. (At Present Lodged In Sub Jail, Sojat).

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----Petitioner

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Versus

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State of Raj., Through PP ----Respondent
For Petitioner(s) : Mr. K.L. Chauhan
Mr. Devendra Sanwlot
For Respondent(s) : Mr. Mukhtiyar Khan, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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27/08/2021

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The above bail applications shall stand decided by this common order as they arise out of the same FIR.

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The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.98/2020, Police Station Sojat City, District Pali, registered for the offences under Section 392 of IPC.

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Heard and considered the arguments advanced by learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

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(2 of 2)

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[CRLMB-5992/2021]

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Learned counsel for the petitioners stated that offence is triable by Magistrate; charge-sheet has been filed; and the trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor stated that earlier eleven other cases had been registered against the accusedpetitioner Aasif @ Bablu and seven other cases registered against the accused-petitioner Sikandar Khan. Therefore, benefit of bail may not be granted to the accused-petitioners.

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Having regard to the facts and circumstances of the case, particularly to the fact that offence is triable by Magistrate; charge-sheet has been filed; and 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 petitioners deserves to be accepted.

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Consequently, the bail applications are allowed. It is ordered that the accused-petitioners No. 1. Aasif @ Bablu S/o Akbar Khan @ Kalu Khan, 2. Sikandar Khan S/o Sh. Saddiq Khan, arrested in connection with F.I.R. No.98/2020, Police Station Sojat City, District Pali, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- and 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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8-9/amit/-

Sikandar Khan v. State

Case brief

What is this about?

What did the court decide?

Sikandar Khan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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