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Sheikhulhaq vs State Of Rajasthan on 13 September, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11020/2019

1. Sheikhulhaq S/o Shri Shafi Mohammad, Aged About 49
Years, By Caste Shaikh, R/o Near Makka Mosque, Adarsh
Nagar, Makrana, District Nagaur (Raj.). (Presently Lodged
In Jail, Merta)

2. Shamim Begum W/o Sheikhulhaq, Aged About 45 Years,
By Caste Shaikh, R/o Near Makka Mosque, Adarsh Nagar,
Makrana, District Nagaur (Raj.). (Presently Lodged In Jail,
Merta)

—-Petitioners
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Dinesh K. Godara
Mr. Ashok K. Khilery
For Respondent(s) : Mr. Vikram Sharma, P.P.

Mr. S.D. Purohit, for the complainant

HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

13/09/2019

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.136/2019 of

Police Station Makarana, District Nagaur for the offences

punishable under Sections 498A, Section304-B, Section201 and Section120-B of IPC.

They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that

petitioners have falsely been implicated in this case. It is argued

that the police after thorough investigation have not filed charge-

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sheet against the petitioners, however, later on, the trial court

while allowing the application preferred on behalf of the

complainant took cognizance against the petitioners for the

offences punishable under Sections 304-B, Section498-A and Section201 of IPC.

It is submitted that petitioners are father-in-law and mother-in-

law of the deceased and the police have not found prima facie

case against them. It is submitted that son of the petitioners and

husband of the deceased have already been enlarged on bail by

this Court, therefore, petitioners may be enlarged on bail.

Learned Public Prosecutor as well as counsel for the

complainant have opposed the bail application and submitted that

the trial court after taking into consideration the evidence against

the petitioners in the charge-sheet took cognizance against them

for the offences punishable under Sections 304-B, Section498-A and Section201

of IPC, therefore, petitioners are not entitled to be released on

bail.

Having heard the learned counsel for the parties and after

going through the charge-sheet, regard to the totality of the facts

and circumstances of the case, without expressing any opinion on

the merits of the case, I deem it just and proper to grant bail to

the accused petitioners under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners Sheikhulhaq

S/o Shri Shafi Mohammad and Shamim Begum W/o Sheikhulhaq

shall be released on bail in connection with FIR No.136/2019 of

Police Station Makarana, District Nagaur provided each of them

executes a personal bond in a sum of Rs.50,000/- with two sound

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and solvent sureties of Rs.25,000/- each to the satisfaction of

learned trial court for his appearance before that court on each

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(VIJAY BISHNOI),J

122-Taruna/-

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