NIZAMUDDIN ALIAS RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two bail applications, though relating to different FIRs but concerning the same accused-petitioner and relating to similar nature offences, have been considered together; and are taken up for disposal by this common order.

(2.) Briefly put, the facts and the background aspects relating to Bail Application No. 5755/ 2009 are that the FIR bearing number 254/ 2009 was registered on 24.08.2009 at Police Station Devgarh, District Rajsamand for the offence under Section 379 IPC on the information stated by one Naveen Singh that his Maruti Car bearing registration number RJ 27 3848 having Chasis No. 321986 and Engine No. 4115810 was stolen from his house on 12.07.2009 by certain unknown persons; and that he was lodging the report after having failed in his search. It appears from the papers placed on record that pursuant to this FIR, the petitioner Nizamuddin @ Raju and so also the co- accused persons Saleem Mohammed and Mohammad Rafique were arrested on 25.08.2009 and upon the information allegedly extended by the accused persons, the said vehicle was recovered at Kunwariya, District Rajsamand.

(3.) In this case, the Investigating Agency proceeded to submit the charge-sheet against the accused persons for the offence under Section 379 IPC on 30.08.2009. The accused persons submitted a bail application bearing number 299/2009 that was dismissed by the learned Sessions Judge, Rajsamand on 05.09.2009. Such relevant aspects concerning Bail Application No. 5847/2009 are that FIR No. 133/2008 was registered at Police Station Devgarh, District Rajsamand on 23.07.2008 on the report made by one Yusuf Bhai that his motorcycle bearing registration number R3 30 SA 5904, parked near the Dargah gate, had been stolen. It appears that the said FIR was registered on 23.07.2008 but the investigation remained pending for long.