Supreme Court – Daily Orders
Mohammad Ali Khan vs State Of Rajasthan on 26 June, 2025
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2917 OF 2025
(ARISING OUT OF SPECIAL LEAVE PETITION(CRL.) NO.7311/2025)
MOHAMMAD ALI KHAN …..APPELLANT(S)
VERSUS
STATE OF RAJASTHAN & ANR. …..RESPONDENT(S)
ORDER
1. Leave granted.
2. Heard the learned senior counsel appearing for the appellant, the
learned counsel appearing for the State of Rajasthan, the learned
counsel appearing for the complainant and perused the material
placed on record.
3. On 23-6-2025, we had required the learned counsel for the
appellant to apprise the Court regarding the pending bail application
of the appellant before the High Court.
4. In response thereto, an affidavit has been filed mentioning that
the application which is pending before the High Court is for interim
Signature Not Verified
bail on medical grounds. In this view of the matter, we feel that there
Digitally signed by
VISHAL ANAND
Date: 2025.06.27
14:42:03 IST
Reason:
is no intentional concealment of facts by the appellant.
5. The appellant is a 75 years old man and is in custody for last 2
2
years and 10 months.
6. The High Court, while exercising revisional jurisdiction vide the
order dated 29-11-2024, has found that the appellant was not
present at the spot and has discharged him from the allegations of
being a member of unlawful assembly. The appellant now faces
prosecution only by virtue of Section 120B of the Indian Penal Code,
1860. Co-accused (Muhammad Rafiq alias Fiku) is on bail.
7. So far as list of criminal antecedents of the appellant filed by the
State of Rajasthan in its counter is concerned, we find that in most
of these cases, either the parties entered into settlement/the
appellant was acquitted or the investigating agency found the
appellant not involved after concluding the investigation.
8. In view of the above, we are inclined to enlarge the appellant on
bail, upon such terms and conditions as may be imposed by the
Trial Court.
9. The appeal is disposed of in above terms.
10. Pending application(s), if any, shall stand disposed of.
……………………………J.
(SANDEEP MEHTA)
……………………………J.
(JOYMALYA BAGCHI)
NEW DELHI
26TH JUNE, 2025.
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ITEM NO.26 COURT NO.13 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 for Special Leave to Appeal (Crl.) No.7311/2025
[Arising out of impugned final judgment and order dated 20-03-2025
in SBCRMFBA No. 12993/2024 passed by the High Court of Judicature
for Rajasthan at Jodhpur]
MOHAMMAD ALI KHAN Petitioner(s)
VERSUS
STATE OF RAJASTHAN & ANR. Respondent(s)
(IA No. 122327/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT & IA No. 122326/2025 – EXEMPTION FROM FILING O.T.)
Date : 26-06-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANDEEP MEHTA
HON’BLE MR. JUSTICE JOYMALYA BAGCHI
(PARTIAL COURT WORKING DAYS BENCH)For Petitioner(s) :
Mr. A.C. Aggarwala, Sr. Adv.
Ms. Nilofar Khan, AOR
Prinka Aggarwal, Adv.
Ms. Jyoti Mittal, Adv.
Mr. Mohit, Adv.
Afrin Khan, Adv.
Mr. Nameer Alvi, Adv.
For Respondent(s) :
Mr. Shiv Mangal Sharma, A.A.G.
Ms. Nidhi Jaswal, AOR
Mr. Amogh Bansal, Adv.
Mr. Kumar Kartikey, Adv.
Ms. Neelu Sharma, Adv.
Mr. Maibam Nabaghanashyam Singh, AOR
Mr. Sumit Sadda, Adv.
Mr. Kartik Hooda, Adv.
Ms. Surabhi Singh, Adv.
Mr. Himanshu Singh Dhillon, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
1. Exemption Applications are allowed.
2. Leave granted.
3. We are inclined to enlarge the appellant on bail, upon such
terms and conditions as may be imposed by the Trial Court.
4. The appeal is disposed of, in terms of the signed order.
(VISHAL ANAND) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed Order is placed on the file)