Bench granted bail to petitioner accused of theft, cheating, and criminal breach of trust. Claimed lengthy trial justifies release despite prior custody.
Petitioner released on bail during pendency of trial to the satisfaction of the trial court.
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S.B. CRIMINAL MISC. Bail Application NO.7618/2016
Natwar Singh versus State of Rajasthan
Date of order: 11.07.2016
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr.Karan Pal Singh, for the petitioners, Mr. Jitendra Shrimali, for the Public Prosecutor.
Present 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. 44/2016 Registered at Police Station Halena, District Bharatpur for offences under Sections 411,473,401 I.P.C.
Learned Counsel for the petitioner has submitted that it is alleged that the petitioner had committed theft of motorcycle. Learned Counsel has submitted that for the same incident two FIRs have been registered.
Per contra, Learned Public Prosecutor has submitted that the petitioner is involved in five cases.
Considering the fact that qua the same incident two FIRs have been lodged and the petitioner is in custody since 19.03.2016, period of police demand is already over, this Court is of the view that in the facts and circumstances of the case continuous detention of the petitioner as an under trial is not warranted as trial of the case will take a long time to conclude.
Consequently, the present application is accepted and the petitioner is ordered to be released on bail during pendency of the trial, to the satisfaction of the trial court.
(KANWALJIT SINGH AHLUWALIA),J.
Mohita
2 issues framed by the court
Whether to grant bail to the petitioner in view of the length of trial and single incident theory
Whether the existence of multiple FIRs for the same incident denies bail
1 provisions across 1 enactments
Natwar Singh
State of Rajasthan
Kanwalsinh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
