Dismissed

Mohammad Rahim Son of Shri Yusuf, v. State of Rajasthan

Rajasthan HC7 Feb 2024CRLMP/328/2024

Case brief

AI extract

What is this about?

Criminal miscellaneous petition was filed under Section 482 Cr.P.C. to set aside bail conditions imposed by the trial court. The bench observed that conditions are reasonable and directed the petitioner to approach the trial court for relaxation if aggrieved before disposing of the petition.

What did the court decide?

Petition disposed of with direction to approach trial court for relaxation of bail conditions.

Mohammad Rahim Son of Shri Yusuf, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:6380]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 328/2024

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Mohammad Rahim Son Of Shri Yusuf, Resident Of Luhariya Bas Khilkothi, Kuchaman City, Police Station Kuchaman, Nagaur (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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Smt. Rubina Bano Wife Of Mohd. Rahim D/o Shri Shabbir Khan, Aged About 32 Years, Resident Of Madina Colony, Behind Nagar Palika, Chomu, District Jaipur (Raj).

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----Respondents

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For Petitioner(s) : Ms. Archana Swami, Ms. Vandana Sharma For Respondent(s) : Mr. Atul Sharma,PP

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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07/02/2024

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By way of instant criminal Misc. petition filed under Section 482 Cr.P.C., petitioner has put to challenge only two conditions imposed by the Court of Additional Sessions Judge, Women Atrocities Cases, Jaipur Metropolitan-II (for short “the trial Court”) in bail application No.231/2023 while releasing the petitioner on bail under Section 439 Cr.P.C. for offence under Sections 498-A and 406 IPC.

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The two impugned conditions, as indicated in the order dated

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27.09.2023, are hereunder:-

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i) Petitioner shall remain present on every date before the Trial Court.

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ii) Petitioner shall not leave India without prior permission of the Court.

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Counsel for the petitioner submits that petitioner lives and carry on business in Dubai and in that view, both conditions are onerous for the petitioner, difficult to comply with as same would

[2024:RJ-JP:6380]

[CRLMP-328/2024]

(2 of 2)

affect his right of livelihood, so also cause immense hardship to the petitioner. It has been submitted that otherwise also considering the nature of offence, both conditions are unwarranted and be treated as harsh, unreasonable.

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Having heard learned counsel for the petitioner, this Court finds that impugned conditions were imposed by the trial Court, while releasing the petitioner on bail under Section 439 Cr.P.C. In case, petitioner feels aggrieved of the afore-mentioned two condition, he would free to assail the order passed by the trial Court, it is open for the petitioner to move application before the trial Court seeking to dilute/ relaxe these conditions.

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If any such application is filed by the petitioner before the Trial Court, it is expected that the Trial Court shall consider the application, after adverting to entire facts and circumstances of the present case, so also considering the nature of offences, to conclude as to whether such conditions are reasonable and necessary to be continue in the present case? The order shall be passed in accordance with law expeditiously.

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With aforesaid directions, the petition stands disposed of.

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Stay application and any other pending application, if any, stand disposed of.

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(SUDESH BANSAL),J

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TN/602

Mohammad Rahim Son of Shri Yusuf, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohammad Rahim Son of Shri Yusuf, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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