Allowed

Sabir S/O Sukka v. State of Rajasthan

Rajasthan HC10 Oct 2022CRLMB/10629/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. The court noted the charge-sheet was filed, partial recovery made, and the applicant is a sole breadwinner. Bail was granted subject to a bond of Rs.50,000 and two sureties of Rs.25,000 each.

What did the court decide?

Accused-applicant enlarged on bail upon furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Judge.

Sabir S/O Sukka Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10629/2022

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Sabir S/o Sukka, Aged About 33 Years, R/o Potha Mohalla, Rupdaka, P.s. Uthavada, Dist. Palwal, Haryana. (At Present Confined In Central Jail Alwar, District Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Sher Singh Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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10/10/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.372/2022 registered at Police Station Bhiwadi, District Alwar for the offence(s) under Sections 420, 342, 386, 384, 323, 34, 120-B of IPC.

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Learned counsel for the accused-applicant has submitted that the accused-applicant in custody since 13.06.2022 and chargesheet in the instant matter has been filed. Recovery of Rs.5 lakhs has already been effected and nothing is outstanding/left to be recovered. Further, the accused-applicant is bailed out in the pending case reflected in the antecedents. Learned counsel further submits that the conclusion of trial is likely to take a long time and no useful purpose would be served by keeping the accused-applicant behind bars till disposal of the case.

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(2 of 2)

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[CRLMB-10629/2022]

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Per contra , learned Public Prosecutor has vehemently opposed the bail application and submitted that the present applicant is having criminal antecedent and if enlarged on bail, accused-applicant may pose a threat to the society.

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Considering the arguments advanced by the counsel for the parties, considering that the applicant is the sole bread earner of his family aged 33 years; that charge-sheet has been filed; that the applicant is in custody since 13.06.2022; that recovery has been effected and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant Sabir S/o Sukka, Aged About 33 Years shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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JKP/20

Sabir S/O Sukka v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sabir S/O Sukka v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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