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Nazir Khan S/O Rahim Khan Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Misc. Bail Application No. 256 of 1985
Judge
Reported in1986WLN(UC)304
AppellantNazir Khan S/O Rahim Khan
RespondentState of Rajasthan
DispositionApplication allowed
Excerpt:
penal code - section 506 and criminal procedure code--section 438--anticipatory bail--allegation against accused for bailable offence--non-bailable offence issued by bombay court--two co-accused released on bail--held, it is fit case to grant interim bail.;bail granted - .....wanted to arrest him in connection with some criminal case pending in bombay court. a non-bailable warrant has been issued against him.2. mr. rafiq argued that the allegation against the petitioner is for offence under section 506 ipc which is a bailable offence and the learned magistrate of bombay court has issued a non-bailable warrant at the first instance. he also argued that two co-accused have already been released on bail by the magistrate at bombay. the has requested that an anticipatory bail he granted so that he may be able to approach the competent court for bail.3. i have considered the arguments and also considered the facts and circumstances as narrated by the learned counsel. i consider it a fit case where an interim bail order till they get an appropriate order.....
Judgment:

Gopal Kishan Sharma, J.

1. This bail application has been moved under Section 438 Cr. PC by the petitioner Nazir Khan alleging that one N.K. Singhapuri has lodged a report at Police Station, Paltan Road, Bombay. In connection with that report Moinuddin and Mohd. Farukh were arrested for offence under Section 506 IPC and later on both of them have been released on bail by the Additional Chief Metropolition Magistrate Bombay. On January 31, 1985 the petitioner returned from Alwar and came to his house at Jaipur. He was informed by his family members that on January 29, 1985 some police people from Bombay along with some policemen of Vidhayak-Nagar police station, Jaipur had come to his place and had enquired about him. He was also informed that the policemen wanted to arrest him in connection with some criminal case pending in Bombay Court. A non-bailable warrant has been issued against him.

2. Mr. Rafiq argued that the allegation against the petitioner is for offence under Section 506 IPC which is a bailable offence and the learned Magistrate of Bombay Court has issued a non-bailable warrant at the first instance. He also argued that two co-accused have already been released on bail by the Magistrate at Bombay. The has requested that an anticipatory bail he granted so that he may be able to approach the competent court for bail.

3. I have considered the arguments and also considered the facts and circumstances as narrated by the learned Counsel. I consider it a fit case where an interim bail order till they get an appropriate order from the court be passed. It is therefore, directed that in the event of the arrest of the petitioner by the police within the territory of Rajasthan the petitioner shall be released on furnishing a personal bond in the sum of Rs. 10,000/- and two sureties in the sum of Rs. 5,000/-each to the satisfaction of the Chief Judicial Magistrate, Jaipur/Arresting Officer. This order shall remain in force up to February 28, 1985. Before this date the petitioner should appear before the court from which the warrant has been issued and obtain the order of bail from that court. The petitioner will be released subject to the following conditions:

(a) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(b) that the petitioner shall not directly, or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or to any police officer; and

(c) that the petitioner shall not leave India without the previous permission of the court.


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