Allowed

Abdul Majid @ Addas @ Addu S/O Shri Asrar Ahmed v. State of Rajasthan

Rajasthan HC17 Mar 2023CRLMB/161/2023

Case brief

AI extract

What is this about?

Single judge allowed bail applications filed under Section 439 CrPC. Despite non-cooperation of lawyers and opposition by the Public Prosecutor, the Court deemed it just and proper to grant bail with a personal bond and sureties, without expressing an opinion on the merits of the case.

What did the court decide?

Petitioners allowed bail subject to furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Abdul Majid @ Addas @ Addu S/O Shri Asrar Ahmed Vs State… — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 161/2023

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Abdul Majid @ Addas @ Addu S/o Shri Asrar Ahmed, Aged About 30 Years, R/o Mohalla Zamindaran, Ward No. 12, Near Doctor Iliyas House, P.s. Kothwali, Dist. Sikar Rajasthan ( At Present Cofined At Central Jail Jaipur)

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Mohammed Aquib S/o Shri Mohammed Ashfaq Bhati, Aged About 35 Years, R/o Mohalla Zamindaran, Ward No. 13, Near Doctor Iliyas House, P.s. Kothwali, Dist. Sikar Rajasthan ( At Present Cofined At Central Jail Jaipur)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Petitioner(s) : Mr. Asrar Ahmed, father of the petitioner No.1 & Mr. Mohd. Shoaib, brother of the petitioner No.2 are present in person

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For Respondent(s) : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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17/03/2023

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Learned lawyers are not attending/co-operating with the Court in judicial proceedings since last about four weeks, though, they have no grievance against the Court administration.

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Hon’ble Apex Court in the case of Harish Uppal Vs. Union

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of India & Anr. reported in (2003) 2SCC 45 observed that non-cooperation in judicial proceeding is not only punitive one, rather the Court is empowered to proceed in the listed judicial matters according to the law.

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(2 of 2) [CRLMB-161/2023]

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This bail application has been filed by the petitioners under Section 439 CrPC seeking regular bail in FIR No.70/2019 registered at Police Station Lalkothi, Jaipur City (East) for the offence under Section 332 and 353 IPC (later on offence u/s 147, 353/149, 339/149 IPC was found to have been made out).

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Mr. Asrar Ahmed who is father of the petitioner No.1 and Mr. Mohd. Shoaib, who is brother of the petitioner No.2 have appeared in person and submits that petitioners have been falsely implicated in this case. They are behind the bars since 30.3.2019 and conclusion of trial is likely to take long time, hence the petitioners may be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application. Considering the submissions and taking into consideration the overall facts and circumstances of the case, without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioners on bail.

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Therefore, this bail application is allowed and accused petitioners (1) Abdul Majid @ Addas @ Addu S/o Shri Asrar Ahmed and (2) Mohammed Aquib S/o Shri Mohammed Ashfaq Bhati are ordered to be released 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 trial court with the stipulation that the petitioner(s) shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

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(NARENDRA SINGH DHADDHA),J

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Brijesh 30.

Abdul Majid @ Addas @ Addu S/O Shri Asrar Ahmed v. State of Rajasthan

Case brief

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Abdul Majid @ Addas @ Addu S/O Shri Asrar Ahmed v. State of Rajasthan

Case brief

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