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2022 DIGILAW 966 (RAJ)

Firoz Ali v. State Of Rajasthan

2022-03-24

DEVENDRA KACHHAWAHA

body2022
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 91/2021, Police Station Salumbar, District Udaipur, registered for the offences punishable under Sections 420 of the Indian Penal Code and Section 3/7 of the Essential Commodities act, 1955. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that the offences are triable by the Magistrate; that the benefit of bail has already been granted to the main accused Mahipal Jain by this Court vide order dated 14.03.2022 (Bail application No. 3518/2022); that as per the charge-sheet, investigation in regard to the present accused-petitioner has been completed but since the prosecution sanction has not been obtained from the competent authority, charge-sheet in regard to the accused-petitioner could not be filed; that the accused-petitioner is in judicial custody since the date of his arrest (07.02.2022); and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that the alleged offences are triable by the First Class Magistrate; that the benefit of bail has already been granted to the main accused Mahipal Jain, as referred above; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the petitioner, Firoz ali S/o Liyakat ali, arrested in connection with F.I.R. No. 91/2021, Police Station Salumbar, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with two surety bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.