Maqbool Khan and ors Vs. State - Court Judgment

Excerpt:
1 of 2 in the high court of judicature for rajasthan at jodhpur order s.b. criminal misc. bail application no.4632/2012 maqbook khan & ors. vs. state of rajasthan date of order:28. 06/2012. present hon'ble mr. justice gopal krishan vyas, v.j.mr. s.s. sisodia, for the petitioners. mr. mahipal bishnoi, pp for the state. -- heard learned counsel for the applicants and the learned public prosecutor and also perused the material available on record. it is submitted that the petitioners were arrested in connection with fir no.118/2012, of police station- railmagra, district rajsamand, for the offence u/s 420 and 384 of ipc. learned counsel for the petitioners submits that the petitioners are in judicial custody since their arrest. however, since no recovery is to be made from the petitioners, therefore, they may be enlarged on bail. learned public prosecutor vehemently opposed the bail application and submitted that the petitioners are not entitled for bail. having regard to the nature of accusation and taking into consideration totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, i deem it 2 of 2 just and proper to enlarge the accused applicants on bail. accordingly, this bail application filed under sec.439 cr.p.c. is allowed and it is directed that the applicant, namely, (1) maqbool khan s/o lal khan, (2) arif s/o mubarik musalman, and (3) mubarik khan s/o khaju khan, shall be released on bail in connection with fir no.118/2012 of police station- railmagra, district rajsamand, provided each of them execute a personal bond for a sum of rs.20,000/- with two sound and solvent sureties of rs.10,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (gopal krishan vyas), v.j.dj/- 67

Judgment:
1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. Criminal Misc. Bail Application No.4632/2012 Maqbook Khan & Ors. Vs. State of Rajasthan Date of Order:

28. 06/2012. PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS, V.J.

Mr. S.S. Sisodia, for the petitioners. Mr. Mahipal Bishnoi, PP for the State. -- Heard learned counsel for the applicants and the learned Public Prosecutor and also perused the material available on record. It is submitted that the petitioners were arrested in connection with FIR No.118/2012, of Police Station- Railmagra, District Rajsamand, for the offence u/s 420 and 384 of IPC. Learned counsel for the petitioners submits that the petitioners are in judicial custody since their arrest. However, since no recovery is to be made from the petitioners, therefore, they may be enlarged on bail. Learned Public Prosecutor vehemently opposed the bail application and submitted that the petitioners are not entitled for bail. Having regard to the nature of accusation and taking into consideration totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it 2 of 2 just and proper to enlarge the accused applicants on bail. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that the applicant, namely, (1) Maqbool Khan S/o Lal Khan, (2) Arif S/o Mubarik Musalman, and (3) Mubarik Khan S/o Khaju Khan, shall be released on bail in connection with FIR No.118/2012 of Police Station- Railmagra, District Rajsamand, provided each of them execute a personal bond for a sum of Rs.20,000/- with two sound and solvent sureties of Rs.10,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (GOPAL KRISHAN VYAS), V.J.

DJ/- 67