Allowed

Muse Khan v. State of Rajasthan

Rajasthan HC15 Dec 2023CRLMB/15800/2023

Case brief

AI extract

What is this about?

The High Court at Jodhpur, Rajasthan, allowed the bail application of the accused petitioner under Section 439 Cr.P.C. The court held that the case would likely not travel beyond Section 323 IPC and the invocation of Section 308 IPC was unnecessary to keep the petitioner incarcerated, given that the injuries were simple.

What did the court decide?

Bail granted by furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Muse Khan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2023)

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[2023:RJ-JD:44003]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 15800/2023

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Muse Khan S/o Dau Khan, Aged About 65 Years, R/o Mehrangarh, Falsund, Tehsil Falsund, Dist. Jaisalmer, Rajasthan. (At Present Lodged At Jail Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP 2. Dhume Khan S/o Dau Khan, Aged About 64 Years, R/o Mehrangarh, Falsund, Tehsil Falsund, Dist. Jaisalmer, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Naman Mohnot
For Respondent(s)	: Mr. Arun Kumar,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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15/12/2023

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Despite service, no one has appeared on behalf of the victim/complainant.

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	86/2023
2.	Concerned Police Station	Phalsund
3.	District	Jaisalmer
4.	Offences alleged in the FIR	Section 341, 323 and 308 of the IPC
5.	Offences added, if any	--
6.	Date of passingof impugned order	08.12.2023

(2 of 3)

[2023:RJ-JD:44003]

[CRLMB-15800/2023]

It is contended on behalf of the accused-petitioner that no case 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.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The injuries are simple in nature. Prima facie, there is substance in the submission of the learned counsel for the petitioner that the case would not travel beyond under Section 323 of the IPC but the Police Officers have unnecessarily been invoked Section 308 of the IPC so as to keep the petitioner behind the bar for a longer period would not serve any lawful and justifiable purpose. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the

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(3 of 3) [CRLMB-15800/2023]

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[2023:RJ-JD:44003]

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learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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138-Ashutosh/-

Muse Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Muse Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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