Sarwar Khan vs State Of Rajasthan

The petitioner has been arrested in connection with FIR No.143/2018 Police Station Sadar, District Nagaur for the offences punishable under Sections 323, 341, 427, 325 & 307/34 IPC. He has preferred this application for interim bail under Section 439 Cr.P.C.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

In compliance of this Court's order dated 29.05.2020, the learned Public Prosecutor has produced prescription slip of a Doctor of District Nagaur in respect of petitioner in which the Doctor advised for conducting surgery of petitioner for the ailment of kidney and this fact about ailment of the petitioner could not be disputed by learned Public Prosecutor.

Having regard to the overall facts and circumstances of the case, it is ordered that the petitioner - Sarwar Khan S/o Shri Babu Khan arrested in connection with FIR No.143/2018 Police Station Sadar, District Nagaur shall be released on interim bail for a period of three weeks, from the date of his actual release provided he executes a personal bond in the sum of Rs.1,000,00/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the concerned trial court. Petitioner after releasing from jail shall rush to higher centre for his surgery immediately. If the treating doctor does not find him fit to conduct surgery then the petitioner will immediately report to the learned Public Prosecutor and the Court so that further necessary action may be taken.

The Superintendent, District Jail, Nagaur shall give the date of surrender of the accused petitioner.

It is directed that the petitioner shall surrender himself positively on the date given by the Superintendent, District Jail, Nagaur.

If the petitioner does not surrender on the stipulated date, the incharge of the concerned jail shall intimate in this regard to the trial court and the trial court will act for the presence of the petitioner as per law.