S.B.CR. MISC. BAIL APPLICATION NO.7424/2008 MIRZA MAHAFUJ BEG VS. STATE OF RAJ. 23.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ali Mohd. Khan for the petitioner. Mr. RP Kuldeep, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Ali Mohd. Khan, Advocate on behalf of the applicant Mirza Mahfuj Beg pertaining to F.I.R. No.169/2008 of Police Station Vidhyadhar Nagar, District Jaipur in the offences under Sections 420, 406 and 120-B of IPC. Heard the learned counsel for the accused petitioners, learned Public Prosecutor appearing for the State and perused the relevant material on record. The learned counsel for the petitioner has contended that he is a Riksha-puller and has been an employee of co-accused Suresh. He has further stated that Suresh asked him if he got an account opened in a Bank, he would get an employment, thus at his instance, he got an account opened in a Bank in the name of Kanaihya Lal. The entire amount of Rs.10,00,000/- has been recovered from other persons. So far as the petitioner is concerned, only an amount of Rs.2,000/- has been recovered which was the earning out of Rikhsha- pulling. The petitioner is a poor man and in fact, he is in no way connected with the commission of the offence of this case, as such, he may be released on bail. -2- The learned Public Prosecutor albeit has opposed the bail petition yet he has fairly stated that only Rs.2,000/- has been recovered from the petitioner and Rs.4,50,000/- has been recovered from Sitaram. Having considered the submissions made at the bar and scanned the relevant material, without commenting on the merits of the case, I keeping in view, all the facts and circumstances, do feel inclined to grant bail to both the accused petitioners in this case. It is, therefore, ordered that the accused petitioners Mirza Mahafuj Beg S/o Mirza Nasarat Beg in FIR No.169/2008, Police Station Vidhyadhar Nagar, District Jaipur, shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs.Fifty thousand) together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG