Rajasthan High Court - Jaipur
Hakmudin And Ors vs State Of Rajasthan Through P P on 27 April, 2017
Author: Sabina
Bench: Sabina
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL MISCELLANEOUS BAIL NO. 5479/2017
1. Hakmudin S/o Chutmal B/c Mev, R/o Fakarpur Khori, PS
Nagina, District Alwar, Raj.
2. Shakil S/o Harun Khan B/c Mev, R/o Fakarpur Khori, PS
Nagina, District Alwar, Raj.
3. Suleman @ Sulla S/o Raje Khan B/c Mev, R/o Fakarpur
Khori, PS Nagina, District Alwar, Raj.
(At present confined in sub-jail Kishangarhbas, District
Alwar).
----Petitioners
Versus
State of Rajasthan Through PP
----Respondent
__________________________________________
For Petitioners : Mr. Anil Kumar Jain
For Respondent : Mr. R.R. Baisla, P.P.
_________________________________________
HON'BLE MRS. JUSTICE SABINA
Order
27/04/2017
Petitioners have filed this petition under Section
439 Code of Criminal Procedure, 1973 seeking regular bail in
F.I.R. No.574/2016 registered at Police Station Tijara, District
Alwar for offence under Sections 147, 148, 149, 353, 307,
379, 120-B Indian Penal Code, 1860 and Section 29, 32, 33,
41, 42, 52 of The Rajasthan Forest Act, 1953 and Section 48,
68 The Rajasthan Minor Mineral Concession Rules, 1986 and
Section 4/21 Mines And Minerals (Development And
Regulation) ACT, 1957 and Section 3 of Prevention of
Damages To Public Property Act, 1984 and Rule 15 of
National Green Tribunal.
(2 of 2)
As per the prosecution case, accused had attacked
the police party when they were caught while indulging in
illegal mining.
Learned counsel for the petitioners has submitted
that it is case of no injury. Petitioners are not named in the
F.I.R. nor were apprehended at the spot. Petitioners have no
concern with the dumpers which were taken in possession by
the police from the spot. Petitioners are in custody since
11.4.2017. Presently petitioners are in judicial custody and
are not required for further investigation.
Learned State Counsel on the other hand, has
opposed the petition but has failed to controvert the factual
aspect of the submissions made by learned counsel for the
petitioners.
Accordingly. without expressing any opinion on the merits of the case, this petition is allowed. Petitioners be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J. Mohita/61