Rajasthan High Court - Jaipur
Mohd. Ayub Shekh Son Of Shri Mohammed ... vs State Of Rajasthan on 23 March, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 3203/2022
Mohd. Ayub Shekh Son Of Shri Mohammed Yakub, Aged About
45 Years, Resident Of Bahali Kheda Arjiya P.s. Mandal Dist.
Bhilwara. At Present In Central Jail, Jaipur.
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4054/2022 Mohammed Husain Kayamkhani S/o Shree Goru Khan Kayamkhani, Aged About 29 Years, R/o Fuliya Gate, Shahpura Police Station Shahpura District Bhilwara Raj. ( At Present In Sub Jail Bheenmal Jalore)
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Harendra Singh
Mr. Ali Mohammed Khan
For Respondent(s) : Mr. SP Sharma, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/03/2022
1. The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the accused-petitioners Mohd. Ayub Shekh Son Of Shri Mohammed Yakub & Mohammed Husain Kayamkhani S/o Shree Goru Khan Kayamkhani. The accused-petitioners have been arrested in connection with FIR No. 525/2021 registered at (Downloaded on 24/12/2022 at 04:54:45 PM) (2 of 3) [CRLMB-3203/2022] Police Station Bhinmal, District Jalore for the offence(s) under Sections 489A, 489B, 489C & 489E IPC.
2. Since the matter arose out within the territorial jurisdiction of Principal Seat at Jodhpur, therefore, the first bail application No. 15629/2021 came to be submitted and dismissed on 07.12.2021 on account of withdrawal. After investigation and filing of charge- sheet, the case has been committed to the Special Judge (Counterfeit Currency Cases), Jaipur Metropolitan-I, Jaipur. The regular bail application under Section 439 Cr.P.C. submitted before the Special Judge (Counterfeit Currency Cases), Jaipur Metropolitan-I, Jaipur has been rejected by the learned Judge vide order dated 22.02.2022. Hence, the instant regular bail application has been preferred before this Court.
3. Learned counsel for the accused-petitioners submits that false case has been foisted against the petitioners. He further submits that the petitioners have nothing to do with the alleged offences and they are behind the bars since long and conclusion of trial may take long time. They are ready to furnish bail bonds/sureties for their release.
4. Learned Public Prosecutor has opposed the bail applications.
5. Considering the contentions put-forth by the counsel for the petitioners and taking into account the totality of the facts and circumstances of the case more particularly the fact that the allegations are only of having possession of counterfeit currency which is punishable under Section 489(C) IPC and that the similarly situated co-accused person has already been granted bail by this Court vide order dated 16.03.2022, thus, this court deems (Downloaded on 24/12/2022 at 04:54:45 PM) (3 of 3) [CRLMB-3203/2022] it just and proper to enlarge the present accused-petitioners on bail.
6. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners named above shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J SAHIL SONI /130-131 (Downloaded on 24/12/2022 at 04:54:45 PM) Powered by TCPDF (www.tcpdf.org)