The High Court of Rajasthan at Jodhpur granted bail to Nizam Khan arrested under Section 136 of the Electricity Act. The court directed release upon execution of a personal bond with sureties for the duration of the trial.
Petitioner released on bail upon executing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8050/2022
Nizam Khan S/o Ishe Khan, Aged About 40 Years, R/o Nai Gudi, Police Station Sankda, Tehsil Pokaran, At Present Jawandh Juni, Police Station Sadar, Jaisalmer. (At Present Lodged In District Jail, Jaisalmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.K. Haniya For Respondent(s) : Mr. Shrawan Bishnoi, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/09/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.86/2021, Police Station Sadar, Jaisalmer for the offences punishable under Section 136 of Electricity Act.
Counsel for the petitioner submits that similarly situated coaccused Shrawanram has already been enlarged on bail by the coordinate Bench of this Court and the case of the present petitioner is similar to that of co-accused. Challan of the case has already been presented. The accused-petitioner is in judicial custody since 01.06.2022 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.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-8050/2022]
Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Nizam Khan S/o Ishe Khan, shall be released on bail in connection with FIR No.86/2021, Police Station Sadar, Jaisalmer 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.
(MANOJ KUMAR GARG),J 24-raksha/-
3 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given the totality of facts and circumstances.
Whether the petitioner is eligible for release on personal bond upon execution of a bond with sureties.
Whether the delay in trial justifies granting bail to the accused lodged in judicial custody.
2 provisions across 2 enactments
Nizam Khan
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
