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2019 DIGILAW 1750 (RAJ)

Rosham Khan v. State of Rajasthan

2019-06-04

DINESH MEHTA

body2019
JUDGMENT : 1. An application has been filed by the learned counsel for the applicant, inter alia, pointing out that due to inadvertence, the date in last para of the order dated 3.6.2019 has wrongly been mentioned as "6.7.2019", which ought to have been "6.6.2019". It has further been pointed out that the authority before whom the solvent sureties are to be furnished, has not been mentioned for which it will be difficult for the applicant to get the order implemented. 2. In view of the aforesaid, the order dated 3.6.2019 passed by this Court in S.B. Cr. Misc. Bail Application No. 6185/2019 is amended and a fresh order is being drawn today with the following requisite modifications: (i) in last para of the order dated 3.6.2019 the date "6.7.2019" be read as "6.6.2019"; and (ii) in third last line of the order dated 3.6.2019 after the words ".Rs.25,000/- each", the words "to the satisfaction of the Superintendent, District Jail, Pratapgarh." are added. 3. For the convenience and in order to avoid any confusion, the amended order incorporating the above two modifications (i) and (ii), is as under: AMENDED ORDER "Learned counsel for the petitioner submits that the petitioners father Ameen Khan S/o Janam Khan has passed away on 23.4.2019 and his last rituals (Fatiha) are scheduled on 7.6.2019, during which ceremony, the petitioners presence is imperative as per the social customs. Narrating these facts, learned counsel for the petitioner prayed that the petitioner be granted at least a days interim bail, so that he can perform the last rituals of his father on 7.6.2019. Learned Public Prosecutor opposing petitioners request contended that the petitioners request has been turned down by the Court below, vide its order dated 10.5.2019, in view of the fact that the petitioner is hard-core criminal and involved in multiple criminal cases. Having heard learned counsel for the parties and in the interest of justice, this Court deems it appropriate to grant interim bail to the petitioner so that he can perform last rituals of his father. The interim bail application is allowed. The petitioner shall be released on interim bail at 6.00 pm on 6.6.2019 upon furnishing of two solvent sureties of his relatives to the tune of Rs. 25,000/- each to the satisfaction of the Superintendent, District Jail, Pratapgarh". The interim bail application is allowed. The petitioner shall be released on interim bail at 6.00 pm on 6.6.2019 upon furnishing of two solvent sureties of his relatives to the tune of Rs. 25,000/- each to the satisfaction of the Superintendent, District Jail, Pratapgarh". The petitioner shall surrender at 10.00 am on 8.6.2019, before the competent authority of the District Jail, Pratapgarh." 4. The application stands disposed of accordingly. Looking to the urgency in the matter, the Registrar (Judicial), Rajasthan High Court, Jodhpur is directed to send a copy of this order by FAX to the concerned Sessions Judge for ensuring compliance of the order.