LAWS(RAJ)-2006-8-24

ANWAR HUSSAIN Vs. STATE OF RAJASTHAN

Decided On August 10, 2006
ANWAR HUSSAIN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS fourth bail application under Section 439 Cr. P. C. has been filed by accused petitioner Anwar Hussain in FIR No. 520/2005 registered at Police Station Vigyan Nagar, Kota for the offence under Sections 382 & 120-B IPC and 3/25 of the Arms Act wherein he case is pending trial before the Additional Judicial Magistrate No. 5 (South), Kota in Criminal Case No. 27/2006.

(2.) HEARD learned counsel for accused petitioner, learned Public Prosecutor for the State and perused the material produced during the course of arguments.

(3.) IN the present case, the trial Court as well as Sessions Judge, Kota both have assigned the reasons for rejection of the bail application, the accused is facing trial for committing extortion on the barrel of unlicensed `katta' in the day light when the wife of the complainant was alone. It is also alleged that other criminal matters are also pending against him. Therefore, in my view, learned Magistrate as well as Sessions Court have rightly exercised their discretion and refused the bail to the petitioner in the facts and circumstances of the present case.