Rajasthan High Court - Jaipur
Sajid Gulam Baig S/O Gulam Mustafa Baig vs State Of Rajasthan on 30 August, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11161/2019
Sajid Gulam Baig S/o Gulam Mustafa Baig, By Caste Baig
Musalman, R/o Ward No. 21, Near Dargah, Fatehpur, P.s. Kotwali
Fatehpur, District Sikar, At Present R/o 250/a, Pitalwala Building,
Bazar Road, Near Macchi Market, Bandra West, Mumbai 50, P.s.
Bandra, Bandra West. (Presently Accused Confined In Sub Jail
Fatehpur, District Sikar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent For Petitioner(s) : Mr. Pankaj Gupta assisted by Mr. Harendar Neel For Respondent(s) : Mr. S.S. Ola, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 30/08/2019
1. Petitioner has filed this bail application under Section 439 of Cr.P.C.
2. F.I.R. No.108/2017 was registered at Police Station Kotwali, Fatehpur, District Sikar, for offences under Sections 342, 343, 384, 420, 468, 327, 328 and 120-B of IPC, 1860.
3. It is contended by counsel for the petitioner that petitioner has remained in custody for a period of 28 months. The Second bail application of petitioner was rejected on 28.02.2018 and trial court was directed to expedite the disposal of the case. Till the date, trial court has not concluded the trial. It is also contended that a case has been registered against the petitioner. Counsel for (Downloaded on 03/09/2019 at 09:17:24 PM) (2 of 2) [CRLMB-11161/2019] the petitioner has drawn my attention to Facebook message post of 22.05.2017 wherein the kidnapped child is shown to have been recovered in the morning of 22.05.2017. It is also contended that the child is shown as recovered in the recovery memo in the evening of 22.05.2017 at 9.05 pm. It is also contended by counsel for the petitioner that petitioner searched for the boy as the allegation of abduction was against his driver. It is also contended that petitioner is having various businesses in Mumbai. His presence is shown in the Rojnamcha on 30.05.2017 and 31.05.2017 at Sikar and his presence is also shown in the recovery memo at Mumbai on the same date.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
7. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
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