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Shaiyad Rashid Hashmi vs State, Through Pp

Rajasthan High Court · Decided on 5 May 2020 · Citation: (2020) 05 RAJ CK 0019

HON’BLE JUDGES
Dinesh Mehta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 384, 406, 420 · Chit Fund Act, 1978 — Section 3, 4, 5, 6
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 3425 Of 2020
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Judgment

8 paragraphs · 342 words

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.430/2019, Police Station Pratap Nagar, District Bhilwara, for the offences under Sections 406, 420, 384 and 120B IPC and Sections 3, 4, 5 and 6 of Chit Fund Act, 1978.

Learned counsel for the petitioner submits that though 12 cases are pending against the petitioner, however, he has been released in all other 11 matters except this one. Learned counsel for the petitioner submitted that the petitioner is behind the Bars since February, 2020 and the offence is triable by Magistrate.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Shaiyad Rashid Hashmi S/o Late Basar Hashmi, arrested in FIR No.430/2019, Police Station Pratap Nagar, District Bhilwara shall be released on bail on his furnishing personal bond in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 28.05.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.