The High Court of Rajasthan allowed a bail application filed under Section 439 CrPC by an accused in a theft case. The court observed that the petitioner was not required for further investigation and ordered his admission to bail without expressing opinion on the merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION No.14571/2016.
Gopalram Son of Tejaram, by Caste Bawari,,Address: R/o Rawaliyawas, Police Station Degana, District Nagaur (raj.). (accused Applicant is in Sevar Central Jail, Ajmer). Vs.
State of Rajasthan through P.P.
Date of order : November 16, 2016.
HON'BLE MRS. JUSTICE SABINA
Shri Deepak Sharma for the petitioner. Shri R.R. Baisla, P.P. for the State.
Petitioner has filed this petition under Section 439 Code of Criminal Procedure 1973 seeking regular bail in F.I.R. No. 203/2016 registered at Police Station Ramganj, District Ajmer for offence under Section 379 Indian Penal Code 1860.
Heard.
Petitioner is in custody since 3.10.2016. Present case relates to theft of vehicle (Bolero). Presently, petitioner is in judicial custody and is not required for further investigation.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
mrg.
2 issues framed by the court
Whether the petitioner is entitled to bail in a theft case where he is in custody and not required for further investigation.
Whether the High Court should express opinion on merits while granting bail.
2 provisions across 2 enactments
Gopalram Son of Tejaram
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
