2012 INSC 0300
Mohammad Khalil Chisti
v.
State of Rajasthan
(Supreme Court Of India)
HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE J.
CHELAMESWAR
Special Leave to Appeal (Criminal) No. 1493 Of 2012 With Slp(Crl) No. 2301 Of 2012 | 09-
04-2012

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

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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.

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