High Court allowed a bail application filed by Mustak Mohmad in an IPC cheating case. The court held it just and proper to enlarge the petitioner on bail without expressing an opinion on merits.
Release on personal bond in Rs.1,00,000/- with two sureties of Rs.50,000/each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No.
4819/2022
Mustak Mohmad S/o Shri Shabbir Mohammad, Aged About 43 Years, R/o House No. 98-99 Pandit Deendayal Upadhyay Nagar, P.s. Anantpura Kota City Raj. (At Present Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Govind Lal Choudhary, Adv. For : Mr. S.S. Mahla, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
19/09/2022
This II bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.439/2021 registered at Police Station Anantpura, District Kota City for the offence(s) under Section(s) 420, 406 of IPC.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. Learned counsel submits that dispute is of civil in nature. He further
(2 of 2)
[CRLMB-4819/2022]
submits that the accused-petitioner is in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the same.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and accused-petitioner Mustak Mohmad S/o Shri Shabbir Mohammad is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
GAURAV SHARMA /10
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
Mustak Mohmad S/o Shri Shabbir Mohammad
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
