Allowed

Mausam Khan Son of Sher Mohammad v. State of Rajasthan

Rajasthan HC28 Mar 2023CRLMB/103/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Narendra Singh Dhaddha allowed bail applications filed under Section 439 Cr.P.C. for two accused petitioners booked in an FIR for offences under Sections 420, 467, 468, 471 IPC and 120-B IPC. The court, without expressing an opinion on merits, deemed it just and proper to enlarge the petitioners on bail pending conclusion of trial.

What did the court decide?

Petitioners enlarged on bail by furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each to be approved by the trial court.

Mausam Khan Son of Sher Mohammad Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 103/2023

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Mausam Khan Son Of Sher Mohammad, Aged About 32 Years, Resident Of Alapur, Police Station Akbarpur, District Alwar (Rajasthan) ( Presently Confined In District Jail Alwar)

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----Petitioner

¶5

Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 2256/2023

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Khursheed Khan S/o Shri Subedar @ Subba, Resident Of Alapur, Police Station Akbarpur, District Alwar ( Presently Confined At Central Jail Alwar)

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----Petitioner

¶12

Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Kapil Gupta, Adv. Mr. Aatish Jain, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP Mr. Rajpal Yogi, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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28/03/2023

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The present bail applications have been filed under Section 439 Cr.P.C. in connection with FIR No.09/2022 Registered at Police Station Akbarpur, District Alwar for the offence(s) under Sections 420, 467, 468, 471 IPC (later on 120-B IPC was added).

¶20

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. The alleged

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[CRLMB-103/2023]

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(2 of 2)

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offence is triable by a Judicial Magistrate, First Class. They are behind the bars since long and conclusion of trial may take long time. Hence, the petitioners may be enlarged on bail.

¶24

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail applications.

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Considering the contentions put-forth by the counsel for the petitioners and taking into account the facts and circumstances of the case, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.

¶26

Accordingly, these bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners (1) Mausam Khan Son Of Sher Mohammad and (2) Khursheed Khan S/o Shri Subedar @ Subba be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that they will appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.

¶27

A copy of this order be placed in connected file.

¶28

(NARENDRA SINGH DHADDHA),J

¶29

Gourav/9&11

Mausam Khan Son of Sher Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mausam Khan Son of Sher Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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