Mohammed Sarfaraj @ Sarfaraj vs. State

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Bail No. 4254 / 2018

Mohammed Sarfaraj @ Sarfaraj S/o Mohammed Salim Musalman, Aged About 20 Years, R/o Faruke Azam Colony, Near Advocate Zakir Husain, Mallatalai, P.S. Ambamata, Udaipur (Raj.) (At Present Lodged in Central Jail Udaipur)

----Petitioner

Versus

State of Rajasthan

----Respondent _____________________________________________________ For Petitioner(s) : MR. Anuj Sehlot For Respondent(s) : Mr. KV Vyas, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order

_____________________________________________________

03/05/2018

The petitioner has been arrested in connection with FIR No.117/2018 of Police Station Ambamata, Distt. Udaipur for the offences punishable under Sections 147, 148, 458, 323, 379/149 of IPC and Section 4/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that similar situated coaccused has already been granted bail by this Court. The case of the present petitioner is also similar. Counsel for the petitioner further submits that the accused-petitioner is in judicial custody and the trial of the case will take sufficient long time for disposal. Therefore, the benefit of bail should be granted to the petitioner.

Learned Public Prosecutor has opposed the bail application.

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

Having 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 petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mohammed Sarfaraj @ Sarfaraj S/o Mohammed Salim Musalman, shall be released on bail in connection with FIR No.117/2018 of Police Station Ambamata, Distt. Udaipur provided he executes a personal bond in a sum of Rs.80,000/- with two sound and solvent sureties of Rs.40,000/- 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.

(MANOJ KUMAR GARG)J.

Amit/71