Allowed

Shaukat Ali Son of Kamruddin v. National Investigation Agency (N.I.a) New Delhi

Rajasthan HC19 Jul 2024CRLAD/168/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal appeal against the rejection of a bail application under Section 439 Cr.P.C. The Court found the appellant's case akin to those of co-accused who were granted bail and noted no recovery of smuggled material.

What did the court decide?

Order dated 14.05.2024 by Special Judge NIA Jaipur set aside; appellant directed to be released on bail with personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Shaukat Ali Son of Kamruddin Vs National Investigation… — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:30274-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Appeal (Db) No. 168/2024

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Shaukat Ali Son of Kamruddin, Aged About 49 Years, Resident of Gausia Mohalla, Village Sherani Abad, Tehsil Didwana, District Nagaur Rajasthan. (At Present Confined In Judicial Custody In Central Jail, Jaipur).

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----Appellant

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Versus

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National Investigation Agency (N.I.A), New Delhi, through Special Public Prosecutor.

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----Respondent

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For Appellant(s)	: Mr. Amin Ali along with Mr. Sumit Kumar & Mr. Mirza Shoaib
For Respondent(s)	: Mr. Tej Prakash Sharma, Spl. P.P. along with Mr. Indrajeet Deora

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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19/07/2024

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Appellant has preferred this appeal aggrieved by the order dated 14.05.2024 passed by learned Special Judge (NIA Cases) Rajasthan, Jaipur, whereby application under Section 439 Cr.P.C. filed by the appellant was rejected.

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It is contended by counsel appearing for the appellant that similarly situated co-accused have been given benefit of bail by this Court as well as by Co-ordinate Benches of this Court. It is also contended that there is no recovery from the appellant and he was not caught with the smuggled gold.

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Counsel appearing for the National Investigation Agency has opposed this appeal. It is contended that appellant is involved in

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(2 of 2)

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[2024:RJ-JP:30274-DB]

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[CRLAD-168/2024]

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smuggling of gold and he was one who was providing gold to the co-accused for being smuggled to India.

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We have considered the contentions.

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This Court in earlier criminal appeals has given benefit of bail to other co-accused and case of the present appellant is akin to them. There is no recovery of any material from the present appellant.

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Considering the above, we deem it proper to allow the present Criminal Appeal.

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The present Criminal Appeal is accordingly, allowed and the order dated 14.05.2024 passed by learned Special Judge (NIA Cases) Rajasthan, Jaipur, is set-aside. Appellant is directed to be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac Only) and two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court and any Court to which the matter is transferred, on all dates of hearing as and when called upon to do so.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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AMIT/3

Shaukat Ali Son of Kamruddin v. National Investigation Agency (N.I.a) New Delhi

Case brief

What is this about?

What did the court decide?

Shaukat Ali Son of Kamruddin v. National Investigation Agency (N.I.a) New Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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