MOHAMMAD ALI ALIAS SHABIR HUSSAIN S/O HAZI MISKIN ALIAS MEHBOOB ALI v. STATE OF RAJASTHAN
CRLMB/7577/2024 · 2025-01-08
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 22467 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22467 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7577/2024 Mohammad Ali Alias Shabir Hussain S/o Hazi Miskin Alias Mehboob Ali, R/o 409, Ward No. -18, Kila Road, Sanjay Nagar, Police Station Kotwali Raisen, District Raisen (Madhya Pradesh) At Present Resident Of H.no. 78 Irani Basti, Amar Colony, Karondh, Police Station Nishatpura, District Bhopaj (Madhya Pradesh) (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15997/2024 Shekh Mukhtar Umar @ Mukhtar Hasan S/o Aasami Umar @ Aashmi Hasan, Aged About 35 Years, R/o 409, Ward No. 18, Kila Road, Sanjay Nagar, Police Station Kotwali Raisen, District Raisen (Madhya Pradesh) At Present Resident Of Irani Basti, Aman Colony, Karondh, Police Station Nishatpura, District Bhopal (Madhya Pradesh) (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 08/01/2025
1. These instant bail applications have been filed under Section 439 of Cr.P.C., on behalf of the petitioners, who have been arrested in connection with FIR No.137/2024 registered at Police
[2025:RJ-JP:1048] (2 of 3) [CRLMB-7577/2024] Station Manak Chowk, District Jaipur City (North) (Raj.) for the offences punishable under Sections 420 & 382 of IPC. Later on, police filed the charge-sheet in this matter for the offences punishable under Sections 420, 382, 401 & 120-B of IPC.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that the alleged offences are triable by Magistrate. He submits that maximum punishment for the alleged offences is seven years. Petitioners are in custody since
03.06.2024. Further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the bail applications. He submits that petitioners are habitual offenders as several other cases have been registered against them.
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 petitioners especially the fact that alleged offences are triable by Magistrate; charge sheet has been filed; the petitioners are in custody and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1) Mohammad Ali Alias
[2025:RJ-JP:1048] (3 of 3) [CRLMB-7577/2024] Shabir Hussain S/o Hazi Miskin Alias Mehboob Ali & 2) Shekh Mukhtar Umar @ Mukhtar Hasan S/o Aasami Umar @ Aashmi Hasan shall be released on bail provided each of them 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 they 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.
7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence on 1st & 15th day of every month in the concerned police station.
8. 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 them by this Court.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /42-43