Sand Act. But to constitute the offence of theft punishable under Sec.379 IPC, something more is required. These things will have to be considered by the learned Magistrate having jurisdiction. If the crime involves only an offence punishable under Sec.20 or 21 of the Sand Act, the petitioner can very well claim bail as of right before the learned Magistrate, because the offence is bailable. The offences under Sec.20 and 21 of the Sand Act are made cognizable under Sec.24 of the Sand Act. The offence under Sec.20 is punishable with imprisonment up to two years. The offences under the Sand Act are not seen made non bailable under the Act. No doubt, the offences are bailable. If the allegations made by the police in the FIR will constitute only the offence under Sec.20 or 21 of the Sand Act, the accused will have to be granted bail as of right. Whether the case involves the essentials of Sec.379 IPC, will have to be examined by the learned Magistrate having jurisdiction. This Court is not inclined to go into these aspects or to exercise the discretionary powers under Sec.438 Cr.P.C., when the main offence alleged against the petitioner is
