HASAM @ HASIM S/O SHERU @ SHERMOHAMMAD v. STATE OF RAJASTHAN
CRLMB/3656/2025 · 2025-04-07
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10878 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10878 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:15459] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3656/2025 Hasam @ Hasim S/o Sheru @ Shermohammad, Aged About 25 Years, R/o Hajariwas Vilag, Police Station Kaman, District Deeg, Rajasthan. (Currently In Sub- Jail, Deeg, Rajasthan.) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Sinsinwar, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/04/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.169/2023 registered at Police Station Kaman, District Bharatpur for the offences punishable under Sections 3, 5, 6 and 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that co-accused person, who was denied bail by co-ordinate Bench of this Court, has been granted benefit of bail by Hon’ble Apex Court after considering the period of incarceration in Special Leave to Appeal (Crl.) No(s).17529/2024. He further submits that petitioner is in custody since 13.12.2023
[2025:RJ-JP:15459] (2 of 3) [CRLMB-3656/2025] and as such, he has suffered incarceration of about 16 months. He contends that trial of the case will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that petitioner is a habitual offender as seven other cases have been registered against him. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that similarly situated co-accused person has been granted benefit of bail by Hon’ble Apex Court and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Hasam @ Hasim S/o Sheru @ Shermohammad shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. [2025:RJ-JP:15459] (3 of 3) [CRLMB-3656/2025]
7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above.
In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. (ANIL KUMAR UPMAN),J MADAN/244