Bail application accepted for petitioner in case involving offences under Sections 448, 453, 404 and 380 IPC. Court held continuous detention not warranted due to conjectured long trial duration in Magisterial case.
Petitioner ordered to be released on bail during the pendency of the trial, to the satisfaction of the trial court.
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S.B. CRLMB No. 7440//2016
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Misc. Bail Application No. 7440/2016 Mahendra Singh vs. State of Rajasthan
Date of Order:- 18th July, 2016
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. Rajneesh Gupta, for the petitioner. Mr. Jitendra Shrimali, PP for the State. Mr. V.D. Agnihotri, for the complainant.
The present bail application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioner in a case arising out of FIR No. 283/ 2016, registered at Police Station Bayana, Bharatpur, for the offences under Sections 448, 453, 404 and 380 IPC.
The learned counsel for the complainant has submitted that the petitioner along with 10-15 labourers came on 23.3.2016 at 10:00 AM and after damaging the house had taken away the household articles.
The learned counsel for the petitioner has submitted that the charge-sheet has been filed and the petitioner is in custody since 28.5.2016.
Considering that it is a case of Magisterial trial and the charge-sheet has already been filed, and the petitioner is in judicial custody, this Court is of the view that the continuous detention of the petitioner, as an under trial, is not warranted, as the trial of the case will take long time to conclude.
Consequently, the present application is accepted and the petitioner is ordered to be released on bail during the pendency of the trial, to the satisfaction of the trial court.
(KANWALJIT SINGH AHLUWALIA)J.
All corrections made in the order have been incorporated in the order being emailed.”
Mak/
68
S.B. CRLMB No. 7440//2016
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Anil Makawana P.A.
1 issue framed by the court
Whether bail should be granted to the petitioner in the undertrial stage given the prolonged trial period.
1 provisions across 1 enactments
Mahendra Singh
State of Rajasthan
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
