Judgment · High Court · 2010
Case at a glance
Outcome
Disposed of
The bail application stands disposed of
Provisions considered
- Indian Penal Code, 1860 ss. 307, 382
- Arms Act, 1959
- Code of Criminal Procedure, 1973 ss. 173(8), 439
Judgment
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.2770/2010 Shabbir Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Anurag Sharma, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioner has argued that alleged offence against accused-petitioner in the present case is under Section 382 IPC; when petitioner was arrested in this FIR No.531/2009 registered with Police Station Kaman, District Bharatpur, FIR Nos.219, 220 and 221 of 2009 were also registered against him separately for offence under Sections 307 IPC and 3/25 of the Arms Act at Police Station Jahangeerpur, District Gautam Buddha Nagar (UP).
Earlier than lodgment of these cases, there was no previous cases registered against the petitioner nor even the prosecution despite number of opportunities given by this Court to find out if or not any other previous case was registered against the petitioner, has been able to point out any such case. Petitioner was arrested on 25.02.2010; recovery of the stolen truck has already bene made on the very second day; since other four accused are still absconding, investigation against them is kept pending under Section 173 (8) of the Cr.P.C. and challan against the petitioner has been filed; trial in any case is // 2 // CRLMB2770/2010 likely to take a long time. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Shabbir Son of Rahmat Khan on bail under Section 439 Cr.P.C., in FIR No.531/2009, Police Station Kaman, District Bharatpur, for the offence under Section 382, IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
Operative part
However, the surety to be submitted by the petitioner, shall be verified by the Tehsildar of the concerned area or any other competent revenue authority. However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. //Jaiman// (Mohammad Rafiq) J.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The bail application stands disposed of
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 307, 382; Arms Act, 1959; Code of Criminal Procedure, 1973 — ss. 173(8), 439.
Which court decided this case, and when?
Rajasthan High Court, on 26 May 2010. The bench was MOHAMMAD RAFIQ.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.