High Court allowed bail application filed by accused personnel accused of violating Arms Act Section 25(6), granting regular bail subject to furnishing personal bond and sureties.
Petitioners released on bail subject to personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2389/2023
----Petitioners
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Nikhil Kumar Paliwal and Mr. Salman Khan brothers of the petitioners For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
09/03/2023
This bail application has been filed by the petitioners under Section 439 CrPC seeking regular bail in FIR No.86/2023 registered at Police Station Chomu, Jaipur (West) for the offence under Section 3/25 (6) of Arms Act.
Due to abstain from judicial work, the advocates are not appearing in the court today.
Mr. Nikhil Kumar Paliwal and Mr. Salman Khan who are real brothers of the petitioners have appeared in person and submits that petitioners have been falsely implicated in this case. They are behind the bars since long. The alleged offence is triable by a
(2 of 2) [CRLMB-2389/2023]
Judicial Magistrate, First Class and conclusion of trial is likely to take long time, hence the petitioners may be enlarged on bail.
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.
Therefore, this bail application is allowed and accused petitioners (1) Manish Paliwal @ Monu S/o Late Shri Gopal Lal Paliwal and (2) Shahbaz Khan S/o Shri Sikander Khan 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.
(NARENDRA SINGH DHADDHA),J
Brijesh 45.
1 issue framed by the court
Whether the petitioners charged with offence under Section 25(6) of Arms Act should be granted bail.
2 provisions across 2 enactments
Manish Paliwal @ Monu
Shahbaz Khan
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
