Allowed

Kasim @ Pav S/O Shri Mahmood Hasan v. the State of Rajasthan

Rajasthan HC23 Feb 2024CRLMB/1243/2024

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of the petitioner accused. Relying on the complainant's statement admitting the petitioner was not present at the incident, despite the case pendency, the Court deemed it just and proper to release him on bail subject to conditions.

What did the court decide?

Petitioner released on bail requiring a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, with a condition to visit the Police Station on the first week of every month.

Kasim @ Pav S/O Shri Mahmood Hasan Vs the State of… — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:9388]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 1243/2024

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Kasim @ Pav S/o Shri Mahmood Hasan, Aged About 24 Years, R/o House No. 829, Mohalla Imam Chowk, Bas Badanpura, Police Station Galta Gate, Jaipur (Raj.) (At Present Confined In Central Jail, Jaipur).

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----Petitioner

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Versus

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The State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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23/02/2024

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This second bail application has been filed by the petitioner under Section 439 Cr.P.C. in connection with FIR No.350/2023 registered at Police Station Galtagate, Jaipur for offence(s) under Sections 323, 341, 325, 308, 397, 148, 149, 34 and 120 B IPC.

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Counsel for petitioner submits that this second bail application has been filed by the petitioner-accused in view of the liberty granted by this Court vide order dated 19.12.2023, while dismissing the first bail application, to move afresh bail application before the trial Court after recording statements of complainant. Petitioner has filed the second bail application before the trial Court after recording statements, same was dismissed vide order dated 25.01.2024. Counsel for petitioner has placed on record statements of complainant and pointed out that complainant himself admits in his statement that petitioner Kasim @ Pav was not present on the spot at the time of incident, therefore, petitioner be released on bail.

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Learned Public Prosecutor opposed the second bail application.

[2024:RJ-JP:9388]

[CRLMB-1243/2024]

(2 of 2)

Having heard learned counsel for petitioner, counsel for complainant as well as learned public prosecutor and perused the material available on record, considering the contention of counsel for petitioner and in view of the fact that complainant himself admits in his statements that petitioner Kasim @ Pav was not present on the spot at the time of incident; petitioner is in custody since 08.09.2023 and conclusion of trial may take a considerable time, but without commenting on merits of the case, this Court deems it just and proper to release petitioner on bail.

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Accordingly, the second bail application is allowed and it is ordered that accused-petitioner Kasim @ Pav S/o Shri Mahmood Hasan shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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In addition, keeping in mind the previous pendency of cases against the petitioner, it is directed that he shall not repeat the similar offence and would mark his presence before the concerned Police Station in the first week of every month. The concerned SHO shall record his presence in the Rojnamcha. In case, petitioner is found involved in similar offence, during bail granted by this Court or breach of this condition is reported or come to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court.

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(SUDESH BANSAL), J

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NITIN /3

Kasim @ Pav S/O Shri Mahmood Hasan v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kasim @ Pav S/O Shri Mahmood Hasan v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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