High CourtsSingle Bench

Sikandar vs State of Rajasthan

Rajasthan High Court · Decided on 3 January 2011 · Citation: (2011) 01 RAJ CK 0080

HON’BLE JUDGES
Munishwar Nath Bhandari, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 380, 411, 457
CASE NUMBER
Criminal Miscellaneous 2nd Bail Application No. 12068 of 2010
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Judgment

6 paragraphs · 294 words

-ORDER

M.N. Bhandari, J.—Heard learned Counsel for the Petitioner as well as the learned Public Prosecutor and perused the record of the case.

2.

Learned Counsel for Petitioner submits that for offence under Sections 457, 380 & 411 IPC Petitioner is behind the bars for last 11 months and the trial is likely to take time, thus he may be released on bail. Co-accused have been released on bail in similar circumstances. Petitioner will maintain good conduct during the period of bail if granted.

3.

Learned Public Prosecutor, on the other hand, has opposed this bail application.

4.

After considering all the facts and circumstances of the case and without expressing any opinion on merits of the case, I consider it just and proper to release the accused-Petitioner Sikandar son of Shakoor on bail u/s 439 Code of Criminal Procedure in FIR No. 18/2010 registered at Police Station Subhash Chowk, District Jaipur for offence under Sections 457, 380 & 411 IPC provided, he furnishes a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.

5.

It is, however, made clear that if the Petitioner is found committing same or similar offence or any other type of offence during the period of bail then not only the prosecution would be at liberty to seek cancellation of this bail order but the Investigation Officer is also directed to inform about the same to this Court if any case is registered. Copy of this order may be sent to the Investigation Officer concerned for necessary information and compliance if so required.