IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 5920/2009
Munir Khan & Anr. vs. State of Rajasthan
Dated : 18.08.2009
HON’BLE MR. JUSTICE MAHESH BHAGWATI
Mr. Rajesh Goswami, for the petitioners.
Mr. Amit Poonia, Public Prosecutor for the State.
This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Rajesh Goswami Advocate on behalf of the applicants pertaining to F.I.R. No. 399/2009 of police station Sanganer, District Jaipur in the offences 332, 353 and 427 of IPC.
2. Heard learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the relevant material available on record.
3. Learned counsel for the petitioner has canvassed that they are being falsely implicated and are in no way connected with the offence of the instance case. Both the petitioners are of the age of 70 years. They are innocent, as such, they may be granted indulgence of anticipatory bail.
4. Learned Public Prosecutor appearing for the State has opposed the bail petition.
5. Having considered the submissions made at the bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case, feel that it is a fit case wherein petitioners can be granted anticipatory bail and the bail petition is ordered to be allowed.
6. Therefore, the SHO/I.O. Of the Police Station Sanganer, District Jaipur is directed that in the event of arrest of the petitioners namely Munir Khan S/o. Najir Khan; and Babu Khan S/o. Najir Khan in FIR No. 399/2009 registered in the offences under Sections 332, 353 and 427 of IPC, he shall enlarge them on bail provided they furnish a personal bond each in the sum of Rs.1,000/- with a surety bond each in the like amount, to his satisfaction on the following conditions:-
(i) They shall make themselves available for interrogation by Investigating Officer as and when required:
(ii)They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(iii)They shall not leave India without the previous permission of the Court.
(iv)They will not commit any offence during the period of bail.
(MAHESH BHAGWATI), J.
Mak/-
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