The court granted bail to the petitioner charged with mischief and theft under section 397 IPC. The Delhi High Court ordered release on bail with appearance terms after considering the investigation status and detention period.
Petitioner was released on bail with terms and conditions and directed to appear on each date of posting.
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BLAPL No.5909 of 2018
02. 19.11.2018
The petitioner, being in custody in Dhusuri P.S. Case No.08 of 2018 corresponding to G.R. Case No.17 of 2018 pending in the court of the learned J.M.F.C., Dhamnagar for the alleged commission of offence under section 397 of I.P.C., has filed this application under section 439, Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that the prosecution allegation, in the case, is that this petitioner being armed with deadly weapons on that night, having entered inside the house of the victim, assaulted him and his wife on his head by lathi and forcibly took away two gold rings, two pairs of silver paunji and cash of Rs.10,000/- by opening the box. He further submits that the investigation of the case is complete and the petitioner has by now remained in custody for quite a long period. It is submitted that there is no scope of the petitioner, at this stage, either to flee from justice or to tamper the prosecution evidence.
Learned State Counsel does not dispute the allegations forming the foundation for the case.
Considering the submissions made and on going through the materials available on record; keeping in view the nature of accusation against the petitioner as well as the surrounding circumstances including the period of detention of the petitioner in custody, in the absence of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with a further condition that he will appear before the said court on each date of posting.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
D. Dash,J.
Basu
1 issue framed by the court
Whether the petitioner should be released on bail in the Dhusuri P.S. case involving alleged offence under section 397 IPC.
1 provisions across 1 enactments
Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
