Firoz Khan @ Lala vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2760

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Firoz Khan @ Lala – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 11120 of 2022
Decided On : 01-12-2022

Advocates Appeared:
Moh. Rasheed, Advocate, Mukesh Trivedi, Advocate

Headnote:
Bail Application - Enlargement on Bail - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the facts and circumstances of the case, without commenting on the merits of the case.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with FIR No.73/2022 for various offences under the IPC. The petitioner sought bail citing the release of similarly situated co-accused and the expected lengthy trial.
Finding of the Court:

The court deemed it just and proper to release the petitioner on bail without commenting on the merits of the case.
Issues: Enlargement on bail under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the facts and circumstances of the case and granted bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.73/2022 Police Station Nikumbh, District Chittorgarh for the offence punishable under Sections 395, 365, 342, 341, 143, 149, 120-B of the IPC.

2. Learned counsel for the petitioner submits that similarly situated co-accused Babu Lal @ Balu Keer, Anil Keer, Bhopat Lal and Barkat Khan have been enlarged on bail by this Court and the case of present petitioner is similar to those co-accused. Challan of the case has already been presented. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Firoz Khan @ Lala S/o Deran Khan, shall be enlarged on bail in FIR No.73/2022 Police Station Nikumbh, District Chittorgarh provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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