This order grants bail to the petitioner in an FIR registration case involving IPC Section 379. The Court held that the offences are triable by a Magistrate and trial may take long, deeming bail suitable with a personal bond.
Bail granted with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.
[2023:RJ-JD:40387]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14809/2023
Afzal @ Gajani S/o Sher Mohammed, Aged About 24 Years, R/o Lane No. 1, Nearby Lal Tanki, Janta Colony, Mandore Road, Nagauri Gate P.s., Jodhpur, Dist. Jodhpur Metro (Lodged In Central Jail, Jodhpur)
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. NK Gurjar |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/11/2023
tabulated herein below:
| S.No. | Particulars of | the Case | |
|---|---|---|---|
| 1. | FIR Number | 60/2023 | |
| 2. | Concerned Police Station | Jodhpur | |
| 3. | District | RailwayPolice Jodhpur | |
| 4. | Offences alleged in the FIR | Under Section 379 of IPC |
the |
| 5. | Offences added,if any | - | |
| 6. | Date ofpassingof impugned order | 27.10.2023 |
(2 of 2)
[2023:RJ-JD:40387]
[CRLMB-14809/2023]
for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
(FARJAND ALI),J
99-divya/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. given the nature of offences and trial timeline.
1 provisions across 1 enactments
Afzal @ Gajani
State Of Rajasthan
Jatindra Singh
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
