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Sikander Khan S/o Sadique Khan v. State, Through Pp

Sikander Khan S/o Sadique Khan v. State, Through Pp

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Criminal Miscellaneous Bail Application No. 7085/2021 | 16-07-2021

1. This bail application has been filed under Section 439 Cr.P.C. in connection with CR No.64/2020 registered at Police Station, Sojat City, District Pali for offence under Section(s) 392 IPC.

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

3. Learned counsel for the petitioner submits that the coaccused has already been enlarged on bail by this Court vide order dated 18.5.2021 and case of the petitioner is identical to that of the co-accused. He further submits that chargesheet has already been filed and the petitioner is in jail for more than six months..

4. Learned Public Prosecutor has opposed the bail application and submits that there are nine cases pending against the petitioner.

5. This Court finds that the co-accused who has been granted bail 12 cases were pending against him. Taking into consideration the overall facts and circumstances of the case and maintaining the parity, but without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.

6. Therefore, this bail application is allowed and it is ordered that the accused petitioner Sikander Khan S/o Sadique Khan be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR provided the petitioner furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

Advocate List

  • Mr. Devendra Sanwalot

  • Mr. Anil Joshi, PP

Bench
  • HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Eq Citations
  • LQ/RajHC/2021/7245
Head Note

Criminal Procedure Code, 1973 — S. 439 — Grant of bail — Parity in bail matters — Grant of bail to co-accused who had 12 cases pending against him — Nine cases pending against petitioner — Maintaining parity, petitioner also granted bail — Practice and Procedure — Grant of bail — Parity in bail matters (Paras 5 and 6)