Allowed

Rahmat Ali v. State of Rajasthan

Rajasthan HC4 May 2023CRLR/216/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision petition. Since the petitioners were exonerated by the investigating agency despite an application under Section 193 CrPC for their arraignment, the Court directed them to apply for regular bail by 31.05.2023 and stayed the execution of the process against them till that date.

What did the court decide?

Directed petitioners to move a regular bail application by 31.05.2023. Stayed execution of process against petitioners until then.

Rahmat Ali Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJD/013628]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 216/2023

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Rahmat Ali S/o Shri Ramjan Khan, Aged About 62 Years, R/o Village Dhannasar, Teh. Rawatsar, District Hanumangarh.

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Roshan Begum W/o Shri Rahmat Ali, Aged About 57 Years, R/o Village Dhannasar, Teh. Rawatsar, District Hanumangarh.

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Rani W/o Shri Yusab Khan, Aged About 32 Years, R/o Ward No. 11 Sardargarh, 11 Sgm, Ganganagar, District Sriganganagar.

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Hamida @ Pravina W/o Shri Nasim Bhati, Aged About 25 Years, R/o Ward No. 11, Bhuranpura, District Hanumangarh.

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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Ali Mohmmad S/o Shri Sadiq Khan, R/o Vill. Pohdka, Ps Rawatsar, Distt. Hanumangarh.

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----Respondents

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For Petitioner(s)	: Mr.	Ganga Ram
For Respondent(s)	: Mr.	Gaurav Singh,AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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04/05/2023

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By way of filing the instant criminal revision petition, a challenge has been made to the order dated 27.01.2023 passed by learned Additional Sessions Judge No.1 Nohar, District Hanumangarh pertaining to FIR No. 470/2022 registered at Police Station Rawatsar whereby the learned trial Judge has accepted the application filed by the complainant-respondent No.2 under Section 193 of Cr.P.C. and has arraigned the present petitioners

[2023/RJJD/013628]

[CRLR-216/2023]

(2 of 3)

for the offence under Sections 302, 304-B, 498-A, 120-B as additional accused and process has been issued.

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At the outset, learned counsel for the petitioners submits that he keeps reserve his right to agitate the issue of taking cognizance and arraignment of additional accused before the learned trial Court at the time of hearing on the point of charge. Presently, they may be allowed to appear before the learned trial Court with protection from arrest and custody. Learned counsel for the State does not object to that.

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Heard and perused the material and the impugned order. 4. A perusal of the order impugned revealing that after investigation, the challan came to be submitted against the accused Ranjhe Khan only and the petitioners were exonerated by the investigating agency.

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Upon filing of challan, the complainant moved an application under Section 193 of Cr.P.C. for arraignment of present petitioners which has been allowed. Since, a favourable order in the form of exoneration by the Investigating agency is there, therefore, I deem appropriate to direct the petitioners to appear before the learned trial Court on or before 31.05.2023 and to move a regular bail application.

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Upon their appearance and moving a regular bail application, they may be released on bail on the very same day upon furnishing surety and bond of the amount which the learned trial Court deems fit. The petitioners would be at liberty to raise objections regarding their impleadment at the time of hearing on the point of charge. Till 31.05.2023, the process issued by learned trial Court shall not be executed.

[2023/RJJD/013628]

[CRLR-216/2023]

(3 of 3)

Accordingly, the instant revision petition is disposed of in above terms.

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Stay petition also stands disposed of.

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(FARJAND ALI),J

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15-divya/-

Rahmat Ali v. State of Rajasthan

Case brief

What is this about?

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Rahmat Ali v. State of Rajasthan

Case brief

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