High Court of Rajasthan allowed bail applications for five accused implicated in a case under Sections 489-A and 489-C IPC, ordering their release on personal bond with two sureties upon appearance before the trial court.
Petitioners ordered to be released on bail on personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
3133/2023
Shahina Bi @ Shaina Bi W/o Kallubhai, Aged About 42 Years, R/o Nai Abadi Mishroli District Jhalawar. (At Present Confined In Sub- District Jail Bhawani Mandi District Jhalawar (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.
4073/2023
Rupesh S/o Ramnarayan, Aged About 29 Years, R/o Master Colony Barod Road Agar District Agar Malwa (Mp) (At Present Confined In Sub District Jail Bhawani Mandi District Jahalwar (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 4074/2023
Aslam S/o Naney Shah, Aged About 28 Years, R/o Peepliya Meetheshah Police Station Garoth District Mandsaur (Mp) At Present Nai Abadi Mishroli Police Station Mishroli District Jhalawar (At Present Confined In Sub District Jail Bhawani Mandi District Jhalawar (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
(2 of 4)
[CRLMB-3133/2023]
----Respondent
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rohit Khandelwal, Adv. For : Mr. Riyasat Ali, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
02/06/2023
These bail applications have been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in FIR No.16/2023 registered at Police Station Mishroli, District Jhalawar for the offence(s) under Section(s) 489-A, 489-C of IPC.
(3 of 4) [CRLMB-3133/2023]
Learned counsel for the petitioners submits that the accused-petitioners are innocent and they have falsely been implicated in these cases. Learned counsel for the petitioners submit that after completion of investigation, charge-sheet has been filed in the matters. He further submits that the accused-petitioners are in judicial custody since long and the conclusion of the trial will take long time, hence the petitioners may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the same.
Taking into consideration the overall facts and circumstances of the cases, but without expressing any opinion on the merits and demerits of the cases, this Court deems it just and proper to enlarge the petitioners on bail.
Therefore, these bail applications are allowed and accused-petitioners namely, 1.Shahina Bi @ Shaina Bi W/o Kallubhai 2.Rupesh S/o Ramnarayan 3.Aslam S/o Naney Shah 4.Irfan Khan S/o Ajghar Khan 5.Kayyum Khan S/o Munshi Khan are ordered to be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of
(4 of 4) [CRLMB-3133/2023]
Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioners shall appear before that Court on all subsequent dates of
hearing and as and when called upon to do so.
A copy of this order be placed on record in each criminal misc. bail application.
(UMA SHANKER VYAS),J
GAURAV SHARMA /49-52
2 issues framed by the court
Whether the petitioners should be enlarged on regular bail pending conclusion of trial.
Whether the conditions of furnishing bond and appearance can be imposed before release on bail.
2 provisions across 2 enactments
Shahina Bi @ Shaina Bi W/o Kallubhai
Rupesh S/o Ramnarayan
Aslam S/o Naney Shah
Irfan Khan S/o Ajghar Khan
Kayyum Khan S/o Munshi Khan
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
