Mohammed Ishak vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 999

VIJAY BISHNOI
Mohammed Ishak – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
Rajak Khan Haidar, Advocate, Vikram Sharma, Advocate, Surender Choudhary, Advocate

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.

2. The petitioner(s) has/have been arrested in FIR No.283/2022 of P.S. Kotwali Nagaur, District Nagaur for the offence(s) punishable under Section(s) 420, 467, 468, 471, 120-B and 447 of I.P.C. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/ are triable by Magistrate.

4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Mohammed Ishak S/o Mohammed Ismail shal

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