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2015 DIGILAW 1970 (RAJ)

Sahabdin v. The State of Rajasthan

2015-11-27

MAHESH CHANDRA SHARMA

body2015
JUDGMENT 1. - This bail application has been filed under Section 439 CrPC. 2. Brief facts of the case are that an FIR No. 281/2012 was lodged at Police Station Pahari, District Bharatpur for the offence under Section 384 IPC (later on Police found the offence to have been committed under sections 395 IPC and 3/25 of Arms Act), whereupon the investigation was commenced. During the course of investigation, the petitioner was arrested. He moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed. 3. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in this matter. He is in judicial lock up since long and conclusion of trial will take time. He has further contended that co-accused Irfan has been released on bail by the Coordinate Bench of this court vide order dated 3.3.2015 passed in S.B. Cr.Misc. Bail Application No. 1772/2015; co-accused Aslam has been released on bail by the coordinate Bench of this court vide order dated 8.9.2014 passed in S.B. Cr. Misc. IInd Bail Application No. 8727/2014 and co-accused Liyakat has been released on bail by the Coordinate Bench of this Court vide order dated 1.9.2014 passed in S.B. Cr. Misc. IVth bail application No. 7300/2014 and the case of the petitioner is on better footing than that of co-accused persons. Hence he should be released on bail. 4. Learned PP appearing for the State has opposed the same. 5. I have heard learned counsel for the parties and carefully perused the relevant material on record. 6. Looking to the facts and circumstances of the case that co-accused persons have been released on bail, but keeping in mind the fact that the offences of robbery and docoity are increasing in the State of Rajasthan day-by-day, without expressing any opinion on the merits and demerits of the case, I deem just and proper to enlarge the petitioner on bail with the following directions : (i) The bail application filed by the petitioner is allowed and it is directed that accused petitioner Sahabdin S/o Deenu shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs. 5,00,000/- (Rs. Five Lakh) with two local sureties of Rs. 2,50,000/- (Rs. 5,00,000/- (Rs. Five Lakh) with two local sureties of Rs. 2,50,000/- (Rs. Two Lakh Fifty Thousand) to the satisfaction of the Investigation Officer concerned with the stipulation that he shall appear before the trial court on all subsequent dates of hearing and as and when called upon to do so. (ii) The accused petitioner is further directed to appear before the SHO of the concerned Police Station every week, who will mark the attendance of the petitioner in his Roznamcha till one year from the date of release of the petitioner from jail. (iii) If the SHO concerned finds that the petitioner has not appeared before him in any week or if he finds that the petitioner has committed any other offence, then he will be duty bound to move a cancellation of bail application under Section 439(2) CrPC before this court. (iv) If the SHO concerned fails to mark the attendance of the petitioner in his Roznamcha for one year or fails to move a cancellation of bail application under Section 439(2) CrPC on account of violation of the aforesaid two conditions by the petitioner, then an enquiry under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 will be conducted against him by the authority concerned. (v) Dy. Registrar (Judl.) is directed to send a copy of this order to the Director General of Police, Rajasthan, Inspector General of Police, Bharatpur, Superintendent of Police, Bharatpur as also the SHO concerned for doing needful in the matter. Bail Application Allowed As Above. *******