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2025 DAILYLAW 34633 (RAJ)

MIRZA SHAKEEL BEG S/O MR. SAGEER AJMAD MIRZA v. STATE OF RAJASTHAN

CRLMB/16046/2024 · 2025-03-05

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:9887] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16046/2024 Mirza Shakeel Beg S/o Mr. Sageer Ajmad Mirza, R/o Pamlakhedi, P.S. Sangod, Tehsil Sangod, District Kota, Rajasthan. At Present R/o A-23, Santosh Nagar-First, Thegda Road, Borkheda, Police Station Borkhera, Kota, Rajasthan. (At Present Confined In Sub Jail Sangod, Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16047/2024 Najim Khan S/o Abdul Raseed, R/o Jal Pada, Ward No. 04, Sangod, Kasba Sangod, District Kota (Rajasthan) (At Present Confined In Sub Jail Sangod District Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girraj P Sharma, Adv., and Mr. Mohd. Wasim Khan, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/03/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.137/2023 registered at Police Station Sangod, District Kota Rural for the offences punishable under Sections 420, 406 and 120B of IPC. Later on, Police filed charge- sheet in this matter. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is contended that no evidence is available on record to connect the [2025:RJ-JP:9887] (2 of 3) [CRLMB-16046/2024] petitioners with the alleged crime. It is also apparent from the record that no money has been transferred in the accounts of the petitioners. It is submitted that alleged offences are triable by Magistrate. After investigation, Police filed charge-sheet in this matter for the offences punishable under Sections 420, 406 and 120B of IPC and maximum punishment for the alleged offences is seven years. There are no criminal antecedents against petitioner- Najim Khan whereas one other case for the offences punishable under sections 341, 323 and 34 of IPC was registered against petitioner- Mirza Shakeel however, that matter has already settled on the basis of compromise. It is contended that trial will take considerable time in its conclusion. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners and submits that serious allegations have been levelled against the petitioners of using documents of innocent persons to open firms/companies and huge money transactions have been made in the account of the firms/companies. 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 both the parties, so also considering the material made available on record in the form of charge-sheet, especially the fact that alleged offences are triable by Magistrate and offences are based on documents, trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the [2025:RJ-JP:9887] (3 of 3) [CRLMB-16046/2024] merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Mirza Shakeel Beg S/o Mr. Sageer Ajmad Mirza and 2. Najim Khan S/o Abdul Raseed 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 each of them 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 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 petitioners, as directed above. In case the petitioners fail to mark their 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 breach of any 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 MADAN/325-326