Allowed

Mohammed Saud v. State of Rajasthan

Rajasthan HC29 Jan 2024CRLMB/469/2024

Case brief

AI extract

What is this about?

This bail application was filed by two accused persons under Section 439 Cr.P.C. in cases involving the IPC. The High Court of Rajasthan allowed the applications, granting bail subject to furnishing a personal bond and surety to the trial court.

What did the court decide?

The accused-petitioners shall be enlarged on bail by furnishing a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Mohammed Saud Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:4417]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 810/2024

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Sanjay @ Sambhu S/o Shri Prema Ram, Aged About 22 Years, R/ o Keru, Ps Rajeev Gandhi Nagar, At Present Unto Ki Ghanti, Soorsagar, Jodhpur. (Lodged In Central Jail, Jodhpur)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 469/2024 Mohammed Saud S/o Mohammed Arif Khan, Aged About 32 Years, R/o Sojati Gate, Ababil Hotel, Silawto Ka Bass, Police Station Sadar Bazar, Jodhpur East. (At Present Lodged In Central Jail, Jodhpur)

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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. Surendra Kumar Dhawal
	Mr. Aziz Khan
For Respondent(s)	: Mr. Shrawan Kumar,PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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29/01/2024

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The jurisdiction of this Court has been invoked by way of filing applications under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of the	Case
1.	FIR Number	184/2023
2.	Concerned Police Station	Jhanwar
3.	District	Jodhpur CityWest

(2 of 3)

[2024:RJ-JD:4417]

[CRLMB-810/2024]

Offences alleged in the FIR Under Sections 457 and 380 of the IPC

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Offences added, if any Section 411 of the IPC 6. Date of passing of impugned order 05.01.2024

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It is contended on behalf of the accused-petitioners that the offences alleged are triable by a Court of magistrate. No case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present cases are not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The offences alleged are triable by a Court of magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matters.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioners as named in the cause title shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

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(3 of 3) [CRLMB-810/2024]

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[2024:RJ-JD:4417]

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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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(FARJAND ALI),J

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32-33 divya/-

Mohammed Saud v. State of Rajasthan

Case brief

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Mohammed Saud v. State of Rajasthan

Case brief

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