Rajasthan High Court - Jaipur
Shahjad Hussain vs State Of Rajasthan Through Pp on 2 February, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.569/2012. Shehjad Hussain Vs. State of Rajasthan Date of order : February 2, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Prithviraj Singh Rajawat for the petitioner. Shri G.S. Rathore Public Prosecutor for State.
****** Contention of the learned counsel for the petitioner is that even though injured Vikas has received nine injuries but all injuries after treatment have been opined to be simple in nature. In this connection, learned counsel referred to the operation note dated 3/12/2011. Petitioner is in jail since 10/12/2011. Co-accused Shakur and Sonu Suman have already been enlarged on bail by orders of co-ordinate bench of this court dated 21/12/2011 and 21/12/2011, respectively passed in S.B.Cr.Misc.Bail Application Nos.12499/2011 and 12362/2011. There is one more case of offence under Section 307 IPC pending against him. Trial may take long. Challan has been filed. He undertakes not to repeat the similar offence in future and would maintain good conduct while on bail. He is ready to face the trial and there is no chance of his fleeing from justice.
Learned Public Prosecutor has opposed the bail application.
Without expressing any opinion on the merits of the case however considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail u/S.439 Cr.P.C.
In the result, this bail application under Section 439 Cr.P.C. is allowed and it is directed that petitioner Shehjad Hussain S/o Shri A.Shakur shall be released on bail in FIR No.691/2011 registered at PS Vigyan Nagar, Kota for offence u/Ss.452, 307, 336 and 34 IPC upon his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before the trial court on all dates of hearing until conclusion of the trial.
However, in case it is found that any other criminal case is pending against petitioner and that misstatement has been made about his whereabouts or non-registration of any other criminal case or any new criminal case in future is found registered against him, the bail so granted to him by this court in this case and in other cases, would be liable to be cancelled at the instance of the prosecution even by the trial court and he would be liable to be re-arrested for facing trial.
(MOHAMMAD RAFIQ), J.
Anil/54 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J