HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2804/2021

Mohd. Shahazad S/o Shri Abdul Saleem, Aged About 22 Years,

Sewado Ka Mohalla, Deedwana, P.s. Deedwana, District Nagaur.

(At Present Lodged At District Jail Nagaur).

----Petitioner

Versus

State, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Manoj Bohra

For Respondent(s)

:

Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/03/2021

This interim bail application has been filed on behalf of the

petitioner being aggrieved with the order dated 06.02.2021

passed by the Special Judge, POCSO Act, 2012, Merta (Raj.)

whereby, the application filed by the petitioner for releasing him

on interim bail for the purpose of getting treatment for disease of

spinal cord has been rejected.

Learned counsel for the petitioner has submitted that as the

petitioner is suffering from spinal cord disease, therefore, for the

purpose of getting treatment, he may be granted interim bail for

90 days.

Learned counsel for the petitioner has submitted that the

petitioner is ready to furnish cash security for purpose of his

release on interim bail. Some documents regarding treatment of

the petitioner at JLN Hospital, Ajmer and SMS Hospital, Jaipur

have also been placed on record.

(2 of 2)

[CRLMB-2804/2021]

The petitioner is facing trial for the offence punishable under

Sections 457, 384, 376(D), 509 and 120-B IPC and 3 / 4 of the

POCSO Act.

Learned Public Prosecutor has opposed the interim bail

application.

Having heard learned counsel for the parties, this interim bail

application is allowed and it is directed that petitioner - Mohd.

Shahazad S/o Shri Abdul Saleem shall be enlarged on interim bail

for a period of one month from 22.03.2021 for getting treatment

of his spinal cord disease, subject to the condition that the

petitioner submits a demand draft of a Nationalized Bank of

Rs.2,00,000/- executed in the name of the trial court and

also furnishes a personal bond of Rs.1,00,000/- along with

two sound and solvent sureties of Rs.50,000/- each of his

near relatives to the satisfaction of the trial court.

In any case, the petitioner shall surrender himself before the

concerned Jail Authorities on or before 21.04.2021 at 10:00 AM

positively. On his surrender, the trial court shall return the demand

draft so deposited. In case, the petitioner fails to surrender as per

above condition, the trial court shall deposit the amount of

demand draft in the funds of District Legal Services Authority.

(VIJAY BISHNOI),J

157-pratibha/-