Allowed

Imran @ Shanu S/O Mohammad Rafiq Kureshi v. State of Rajasthan

Rajasthan HC22 Mar 2022CRLAS/145/2022

Case brief

AI extract

What is this about?

, the High Court allowed the Criminal Appeal. The impugned bail rejection order dated 04.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar, was set aside. The accused-appellant was directed to be released on bail by furnishing a personal bond and sureties.

What did the court decide?

, the accused-appellant shall be released on bail by furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each.

Imran @ Shanu S/O Mohammad Rafiq Kureshi Vs State of… — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 145/2022

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Imran @ Shanu S/o Mohammad Rafiq Kureshi, Aged About 20 Years, Resident Of Surajpole Gate Jhalrapatan (At Present Accused Appellant Confined In District Jail Jhalawar)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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Karishna Patod S/o Rajkumar, R/o Bus Stand Jhalarapatan, Jhalawar (Raj)

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----Respondents

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For Appellant(s) : Mr. Sanjay Kumar Sharma, Advocate For Respondent(s) : Mr. Rajendra Yadav, Government Advocate-cum-Additional Advocate General Mr. Amit Dadhich, Advocate for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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22/03/2022

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The instant appeal has been filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.326/2021, registered at Police Station Kotwali, District Jhalawar for the offences under Sections 143, 147, 148, 149, 341, 323, 427, 394, 304, 118 & 120-B of IPC, Section 3(2) (V) of the SC/ST (Prevention of Atrocities) Act and Section 66D & 67 of the I.T. Act and against the order dated 04.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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(2 of 3)

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[CRLAS-145/2022]

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Learned counsel for the appellant submits that as per the FIR, no specific allegation has been levelled against the appellant for causing any injury to the deceased. Learned counsel further submits that the appeals of the co-accused Juber Khan and Najil Qureshi have been allowed by the Hon’ble Court vide orders dated 17.01.2022 and 07.12.2021 respectively. As per rejection bail order, bail application of other co-accused Sohel, Sharukh Khan and Shahid have already been granted by the trial Court and case of the present petitioner is similar to that of other coaccused. Learned counsel also submits that the appellant has criminal antecedents of two cases and he is on bail in both cases. Hence, appeal of the accused-appellant may be granted.

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Learned Government Advocate as well as learned counsel for the complainant have strongly opposed the appeal.

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Heard learned counsel for the parties and perused the material available on record.

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Considering the submissions made by learned counsel for the appellant and the facts and circumstances of the case; but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellant deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 04.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar (Raj.) is set aside. It is ordered that the accused-appellant Imram @ Shanu S/o Mohammad Rafiq Kureshi arrested in connection with F.I.R. No.326/2021 registered at Police Station Kotwali, District Jhalawar shall be released on bail; provided he furnishes a

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(3 of 3) [CRLAS-145/2022]

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personal bond in the sum of Rs.50,000/- with two sureties in the sum 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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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar/40

Imran @ Shanu S/O Mohammad Rafiq Kureshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Imran @ Shanu S/O Mohammad Rafiq Kureshi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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