Petitioner in custody for theft, transferred to a related case, filed bail application under section 439 Cr.P.C. citing no recovery of stolen property. Court granted bail.
Petitioner released on bail subject to terms and conditions
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BLAPL NO. 43 OF 2019
Learned counsel for the petitioner submits that the petitioner being arrested in one case has been remanded in the present case when there has not been recovery of stolen property from his custody.
Learned counsel for the State opposes the move.
Considering the submissions made and on going through the materials as placed, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody and in the absence of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case.
The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
2 issues framed by the court
Whether the petitioner should be released on bail considering his custody in a related case and absence of recovery of stolen property.
Whether any impediment exists to grant bail under section 439 Cr.P.C.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
