Allowed

Habib @ Shahzaad v. State

Rajasthan HC13 Apr 2022CRLMB/2647/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, an accused lodged in Central Jail since September 2021, for an offence under Section 392 IPC. The petitioner was released on a personal bond with two sureties and directed to appear until trial conclusion.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 1,00,000/- and sureties of Rs. 50,000/- each, subject to conditions of future offence reporting and bi-monthly police attendance.

Habib @ Shahzaad Vs State — 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 Miscellaneous Bail Application No. 2647/2022

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Habib @ Shahzaad S/o Abdul Hamid, Aged About 25 Years, Bapu Colony, Pratapnagar, Jodhpur. (Presently Lodged At Central Jail, Jodhpur).

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)	: Mr. Vikram Singh
For Respondent(s)	: Mr. Javed Gauri PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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13/04/2022

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The petitioner has been arrested in connection with FIR No.318/2021 of Police Station Chopasani Housing Board, District Jodhpur for the offence punishable under Section 392 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Counsel for the petitioner submits that offence is triable by the Magistrate and challan of the case has already been presented. The accused-petitioner is inside jail the jail since 17.09.2021 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor while opposing the bail application has submitted that as many as ten criminal cases are registered against the petitioner.

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Having regard to the totality of the facts and circumstances of the case and considering the fact that the petitioner is inside

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(2 of 2)

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[CRLMB-2647/2022]

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the jail since 17.09.2021, 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Habib @ Shahzaad S/o Abdul Hamid shall be released on bail in connection with FIR No.318/2021 of Police Station Chopasani Housing Board, District Jodhpur City West 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 on the following conditions:

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(I) that if the petitioner commits any offence in future, then the State is free to file an application for cancellation of his bail before this Court.

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(II) that the petitioner will mark his attendance in every two months at the local Police Station of the area of which he is permanent resident.

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(MANOJ KUMAR GARG),J

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40-Samvedana/-

Habib @ Shahzaad v. State

Case brief

What is this about?

What did the court decide?

Habib @ Shahzaad v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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