Allowed

Sumra Anwar Bhai v. State

Rajasthan HC7 Sept 2022CRLMB/1221/2022

Case brief

AI extract

What is this about?

An anticipatory bail application was filed by the petitioner fearing arrest for offences under Section 3/7 of the Essential Commodities Act. The High Court of Rajasthan held it was a fit case, granted bail subject to bonding and specific conditions, allowing release upon arrest.

What did the court decide?

Anticipatory bail granted; release on bond of Rs. 1 lakh and two sureties of Rs. 50,000 each subject to three conditions.

Sumra Anwar Bhai Vs State — Narcotics (NDPS) | Rajasthan HC (2022)

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(1 of 2)

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[CRLMB-1221/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1221/2022

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Sumra Anwar Bhai S/o Sh. Kasam Bhai, Aged About 65 Years, R/o Shree Nagar Society, Road No. 8, Eader, Police Station Eader, Dist. Sabarkantha (Gujrat)

----Petitioner

Versus

State, Through Pp

	----Respondent
For Petitioner(s)	: Mr. Manoj Kumar Pareek
For Respondent(s)	: Mr. AR Choudhary, PP Mr. Ranjeet Singh, SHO, PS Bichiwara, District Dungarpur

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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07/09/2022

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This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.381/2021, Police Station Bichiwara, District Dungarpur for the offences under Section 3/7 of Essential Commodities Act.

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Learned counsel for the petitioner submits that the recovery was made from co-accused Anish Kumar Rabbani and both the coaccused persons have been arrested and granted regular bail from this Court. Counsel submits that the petitioner is merely the registered owner of the vehicle in question and he has already joined the investigation, therefore no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.

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(2 of 2)

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[CRLMB-1221/2022]

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Learned Public Prosecutor opposed the prayer for anticipatory bail.

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Heard the learned counsel for the parties and perused the impugned order.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.

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Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Sumra Anwar Bhai S/o Sh. Kasam Bhai in connection with FIR No.381/2021, Police Station Bichiwara, District Dungarpur, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

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(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

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(iii). that the petitioner shall not leave India without previous permission of the court.

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(MANOJ KUMAR GARG),J

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128-MS/-

Sumra Anwar Bhai v. State

Case brief

What is this about?

What did the court decide?

Sumra Anwar Bhai v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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