
ITEM NO.65 COURT NO.5 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl) No(s).1493/2012
(From the judgement and order(s) in CRA No. 189/2011 dated 20-DEC-11
of The HIGH COURT OF RAJASTHAN AT JAIPUR)
MOHAMMAD KHALIL CHISTI Petitioner(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
(With appln(s) for bail,permission to file additional documents and office report)
WITH SLP(Crl) NO. 2301 of 2012
(With appln. for bail and office report)
Date: 09/04/2012 These petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE P. SATHASIVAM
HON’BLE MR. JUSTICE J. CHELAMESWAR
For Petitioner(s) Mr. U.U.. Lalit,Sr.Adv.
In SR 1493/12 Mr. Nitin Sangra,Adv.
Mr. Gaurav Agrawal,Adv.
In SR 2301/12 Mr. Ravindra S. Garia,Adv.
For Respondent(s) Mr. Rahul Verma,Adv.
Ms. Pragati Neekhra,Adv.
In SR 2301/12 Mr. Jasbir Singh Malik,AAG
Ms. Manju Jana,Adv.
Mr. Irshad Ahmed,Adv.
UPON hearing counsel the Court made the following
O R D E R
In SLP(Crl.)No.1493 of 2012
Heard both sides.
Permission to file additional documents is granted.
Leave granted.
With regard to the application for bail, Mr. Lalit, learned senior counsel appearing on behalf of the appellant has stated that the appellant is 80 years old as on date and resident of Karachi. He further stated that he is in Ajmer for the last 20 years. It is also pointed out by the senior counsel for the appellant that the main witnesses viz. PW-4 and PW-5 did not attribute any specific over act to the appellant and according to him it is a case of free fight. By pointing out all these details, he prayed that he may be enlarged on bail.
On the other hand, learned counsel appearing on behalf of the State of Rajasthan submitted that the Courts below had relied upon evidence of PW-3 and in addition to the same, he being a Pakistani national, it is not desirable to release him on bail at his juncture.
We have considered the rival submissions and also perused the relevant materials.
Taking note of his present age and also considering the fact that he was in Ajmer for the last 20 years and the evidence of PW-4 and PW-5 and without expressing anything on the merits of the case, we are satisfied that the appellant has made out a case for enlarging him on bail. Accordingly, the appellant is ordered to be released on bail in Sessions Case No. 157 of 2001 to the satisfaction of the Court of Additional Sessions Judge, (Fast Track) No.1, Ajmer.
The Additional Sessions Judge is free to impose appropriate condition including surrendering of passport if he has not surrendered earlier.
Learned senior counsel for the appellant has also prayed for a specific permission to visit his country and also to reside at Delhi till the disposal of the appeal. In the absence of the separate petition giving adequate reasons, we are not inclined to grant such permission. However, appellant is free to file such application/(s) giving adequate reasons.
Crl.M.P. for bail is disposed of.
In SLP(Crl.)No.2301 of 2012
Leave granted.
List the Crl.M.P. for bail after two weeks.
[Madhu Bala] [Savita Sainani]
Sr.PA Court Master
ITEM NO.27 COURT NO.5 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl) No(s).2301/2012
(From the judgement and order dated 20/12/2011 in CRA No.188/2011,
of The HIGH COURT OF RAJASTHAN AT JAIPUR)
YASIR CHISTI & ANR Petitioner(s) VERSUS STATE OF RAJASTHAN Respondent(s) (With appln. for exemption from filing O.T.,bail and office report) Date: 30/03/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE J. CHELAMESWAR For Petitioner(s) Mr. Ravindra S. Garia,Adv. For Respondent(s) Mr. Jasbir Singh Malik, AAG Rajasthan Mr. Manju Jana, Adv UPON hearing counsel the Court made the following O R D E R Exemption from filing O.T. is allowed. Issue notice. Mr. Jasbir Singh Malik, advocate appears and waives service of notice on behalf of State of Rajasthan. Tag with SLP (Crl) No.1493/2012. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master
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From Kafila archives:
- January 6, 2012: The inter-connected destinies of strangers across an international border
- December 9, 2011: Shivraj Patil hath no mercy! Why could he not pardon an old, ailing Ram Kumar?: PUCL
- November 28, 2011: A case for remission of punishment for Dr Khaleel Chishty under Article 161 of the Constitution of India: Kavita Srivastava
- November 19, 2011: Dr Khaleel Chishty’s family in Ajmer to appeal for his release: Kavita Srivastava
- October 10, 2011: Gopal Das is free, Khaleel Chishty is not
- September 7, 2011: Bring Dr Chishty home – alive
- June 19, 2011: Dr Khaleel Chishty will finally be free
- April 17, 2011: Free Dr Khaleel Chishty: Amna Chishty
” Kshama Veerasaya Bhooshanam “
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