Dismissed

Shamsher Sheikh @ Shamsher Banna v. State of Rajasthan

Rajasthan HC14 Jul 2023CRLMB/5458/2023

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's anticipatory bail application under Section 438 Cr.P.C. Against the backdrop of FIR 97/2023, the court found prima facie cases made out based on the Public Prosecutor's factual report, deeming it an unfit case for bail without commenting on merits.

What did the court decide?

The petition for anticipatory bail is dismissed; no interim custody order.

Shamsher Sheikh @ Shamsher Banna Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2023)

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[2023:RJ-JD:21548]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 5458/2023

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Shamsher Sheikh @ Shamsher Banna S/o Aslam Sheikh, Aged About 23 Years, Lane No. 5, Gulzar Nagar, Subhash Nagar P.s., Bhilwara, Dist. Bhilwara.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	:	Mr. NK Gurjar
For Respondent(s)	:	Mr. Javed Gauri, PP
		Mr. Ramesh Purohit, for the
		complainant

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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14/07/2023

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This anticipatory bail application has been filed by the petitioner under Section 438 Cr.P.C. apprehending his arrest in connection with FIR no.97/2023, Police Station Bheemganj, District Bhilwara for the offences under Sections 323, 341, 307, 384 of the IPC and under Section 4/25 of the Arms Act.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. It is submitted the complainant has not named the petitioner in the FIR and the petitioner has no connection with the alleged commission of crime. Thus, it is submitted that there is no requirement of the petitioner for custodial interrogation. Therefore, it is prayed that the petitioners may be granted anticipatory bail.

[2023:RJ-JD:21548]

[CRLMB-5458/2023]

(2 of 2)

Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the petitioner. Learned Public Prosecutor while relying upon the factual report dated 9.7.2023 submits that as per the factual record it appears that it is the petitioner who provided knife to juvenile (‘D’) for committing crime and therefore, the offences under Sections 341, 323, 307, 384, 34 and 120 B IPC and under Section 4/25 of the Arms Act are prima facie made out against the petitioner. Learned Public Prosecutor further submits that two more cases are pending consideration against the petitioner, therefore, he may not be granted anticipatory bail.

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Heard learned counsel for the parties and perused the material available on record.

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Having regard to the totality of the facts and circumstances of the case and in view of the fact that as per the factual report submitted by the Public Prosecutor, it appears that prima facie offenses under Sections 341, 323, 307, 384, 34 and 120 B IPC and under Section 4/25 of the Arms Act against the petitioner are made out, therefore, without commenting on the merits and demerits of the case, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioners.

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Consequently, the anticipatory bail application is rejected.

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(MADAN GOPAL VYAS),J

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234-CPGoyal/-

Shamsher Sheikh @ Shamsher Banna v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shamsher Sheikh @ Shamsher Banna v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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