Allowed

Sher Mohammad S/O Subedar v. State of Rajasthan

Rajasthan HC26 Feb 2024CRLMB/2267/2024

Case brief

AI extract

What is this about?

Hon'ble Justice Praveer Bhatnagar allowed bail for the accused Sher Mohammad, a driver, under Section 439 Cr.P.C. in view of prolonged custody and the trial's likely duration, despite opposition from the State.

What did the court decide?

The accused was enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each and obtaining prior permission of the Learned Trial Judge.

Sher Mohammad S/O Subedar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:9672]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2267/2024

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Sher Mohammad S/o Subedar, R/o Village Thekda, Police Station Sadar, District Alwar (Rajasthan) (At Present Confined In Central Jail, Alwar).

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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. Girish Khandelwal For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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26/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner- Sher Mohammad. The petitioner has been arrested in connection with FIR No.430/2013 registered at Police Station Laxmangarh, District Alwar for the offence(s) under Sections 279, 337 & 304A I.P.C.

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Learned counsel for the accused-petitioner submits that accused-petitioner is driver and went out of village for his livelihood, therefore, he could not appear before the learned trial court. He also submits that accused-petitioner is ready and willing to submit solvent surety to the satisfaction of the learned trial court. The accused petitioner is in judicial custody since long and trial of the case may take long time to conclude. He further submits that accused-petitioner has deposited a sum of Rs.2,000/as per the order of the learned trial court under the proceeding initiated under Section 446 Cr.P.C. Therefore, the benefit of bail may be granted to the accused-petitioner.

[2024:RJ-JP:9672]

[CRLMB-2267/2024]

(2 of 2)

Per contra, learned GA-cum-AAG opposes the grant of bail application.

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Considering the fact that accused-petitioner is in custody since long and the trial of case may take considerable time, I deem it just and proper to enlarge the accused-petitioner on bail. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Sher Mohammad S/o Subedar in connection with FIR No.430/2013 registered at Police Station Laxmangarh, District Alwar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each 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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(PRAVEER BHATNAGAR),J

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155-/DHARMENDRA RAKHECHA

Sher Mohammad S/O Subedar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sher Mohammad S/O Subedar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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