Allowed

Liyakat v. State of Rajasthan

Rajasthan HC20 Oct 2022CRLMB/13717/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed the petitioner's second bail application under Section 439 Cr.P.C., granting bail secured by a personal bond of Rs. 1,00,000 with two sureties, despite the serious offences involved, considering the arrived compromise between parties.

What did the court decide?

Petitioner Liyakat released on bail in connection with FIR No. 71/2022, subject to executing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Liyakat Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 13717/2022

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Liyakat S/o Shri Gulab Khan Kalal, Aged About 30 Years, R/o Village Foga Jalpansarki PS Bhaleri District Churu.

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(At Present Lodged In Dist. Jail Churu)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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		----Respondent
For Petitioner(s)	:	Ms. Kirti Joshi for Mr. N.L. Joshi
For Respondent(s)	:	Mr. Vikram Sharma, Public Prosecutor Mr. Naresh Tak, for the complainant

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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20/10/2022

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The instant second bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 71/2022 registered at Police Station Bhaleri, District Churu for the offences punishable under Sections 307, 341, 323, 382 and 427 of IPC.

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The first bail application was dismissed as not pressed on 1.9.2022 with liberty to file a fresh bail application after filing of challan.

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Learned counsel for the petitioner submits that the challan has already been filed and now compromise has been arrived at between the parties. The petitioner is behind the bars and the trial of the case will take sufficient long time to be

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(2 of 2)

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[CRLMB-13717/2022]

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concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor has opposed the second bail application.

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Learned counsel for the complainant concurs the fact of compromise.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Liyakat S/o Shri Gulab Khan Kalal shall be released on bail in connection with FIR No. 71/2022 registered at Police Station Bhaleri, District Churu, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG),J

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319-Mak/-

Liyakat v. State of Rajasthan

Case brief

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Liyakat v. State of Rajasthan

Case brief

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