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2025 DAILYLAW 2477 (RAJ)

SAJID MOHAMMAD SAJID @ KAWWA S/O MOHAMMAD SADIQ @ MOHAMMAD RAFIQ v. STATE OF RAJASTHAN

CRLMB/110/2025 · 2025-01-10

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1694] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 110/2025 Sajid @ Mohammad Sajid @ Kawwa S/o Mohammad Sadiq @ Mohammad Rafiq, Aged About 35 Years, R/o Behind Goal Haveli, Motibagh Road, Payega, District Tonk, Currently B.D Colony, Baheer, P.S. Kotwali, District Tonk. (Raj.) (Presently Residing At District Jail Tonk). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Gauri Meena For Respondent(s) : Mr. Devi Singh Shekhawat, PP Mr. Rajesh Choudhary, GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/01/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the accused-petitioner, who has been arrested in connection with FIR No.0144/2023 registered at Police Station Sadar, District Tonk for the offence under Section 379 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that alleged offence is triable by Magistrate. Maximum sentence for the alleged offence is of three years, entire recovery has already been made 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. He submits that the petitioner is an habitual offender and fourteen other cases have been registered against him. 4. I have considered the contentions. [2025:RJ-JP:1694] (2 of 2) [CRLMB-110/2025] 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 considering the fact that alleged offence is triable by Magistrate and maximum sentence for the alleged offence is of three years, 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 - Sajid @ Mohammad Sajid @ Kawwa S/o Mohammad Sadiq @ Mohammad Rafiq 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. 7. However, the petitioner is further directed to mark his presence in the concerned police station on 1st and 15th day of every month, till trial is concluded. 8. If breach of this condition 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 petitioner by this Court. (ANIL KUMAR UPMAN), J Sunita/279