HIGH COURT OF JUDICATURE FOR RAJASTHAN
MAHZER S/O SULEMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB 6268/2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 6268/2021
1.
Mahzer S/o Suleman, Aged About 35 Years, R/o Jatiyana
Ps Sadar Dist. Alwar Raj. (Presently Confined At Central
Jail Alwar)
2.
Shokin S/o Suleman, Aged About 25 Years, R/o Jatiyana
Ps Sadar Dist. Alwar Raj. (Presently Confined At Central
Jail Alwar)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. Kapil Gupta, through V.C.
For Respondent(s)
:
Mr. S.S. Ola, PP
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
27/04/2021
1.
The present second bail application has been filed under
Section 439 Cr.P.C. The petitioners have been arrested in
connection with FIR No. 774/2020 Registered at Police Station
Sadar, District Alwar for the offence(s) under Sections 143, 323,
341, 325, 307 of IPC.
2.
Counsel for the petitioners submits that the petitioners have
been falsely implicated in this matter. Counsel further submits that
challan has already been presented in the court and conclusion of
trial may take long time. Counsel further submits that injuries
susained by the injured Sahil, which are dangerous to life, have
been caused by co-accused Sajid. Counsel further submits that
other co-accused Deen Mohammad @ Deena has already been
(2 of 2)
[CRLMB-6268/2021]
released on bail by the Co-ordinate Bench of this court vide order
dated 26.02.2021 (S.B. Criminal Misc. Bail Application No.
2853/2021). Counsel further submits that the petitioners are in
custody since 03.01.2021.
3.
Learned Public Prosecutor has opposed the bail application.
4.
Considering the material on record and taking into account
the facts and circumstances of the case and the fact that similarly
situated co-accused Deen Mohammad @ Deena has already been
released on bail and also considering the period of custody and
without expressing any opinion on the merits of the case, this
petition is allowed. Petitioners be admitted to regular bail subject
to satisfaction of the trial Court. Office is directed to send a copy
of this order to the concerned trial Court through e-mail/fax, for
necessary compliance.
(INDERJEET SINGH),J
CHETNA BEHRANI /16