The High Court at Jaipur granted regular bail to the petitioner in a theft case involving a motorcycle. The Court held that continuous detention was not warranted given the length of custody and the anticipated duration of the magisterial trial.
Petitioner released on bail during the pendency of the trial, to the satisfaction of the trial Court.
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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R
S.B. Criminal Miscellaneous Bail Application No.7729 of 2016 Yadram Vs. State of Rajasthan
Date of Order ::: 04.07.2016
Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia
Mr. Anil K. Sharma, Counsel for the petitioner Mr. Jitendra Shrimali, Public Prosecutor for the State
Instant application has been preferred under Section
439 of Code of Criminal Procedure, 1973 for grant of regular bail
to the petitioners in a case arising out of First Information Report bearing No.69/2016 registered at Police Station Singhana, District Jhunjhunu for commission of offence punishable under Section 379 of Indian Penal Code.
It is a case of theft of the motorcycle.
The learned counsel appearing for the petitioner has submitted that besides this case, the petitioner is also involved in two other cases.
In the present case, the petitioner is stated to be in custody since 20.04.2016.
Considering the period of custody of the petitioner and the fact that it is a case of magisterial trial and the trial of the case will take a long time to conclude, this Court is of the view that continuous detention of the petitioner, as an under
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trial is not warranted.
Consequently, 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.
ashok/
Certificate - All corrections have been incorporated in the judgment/order being emailed. Ashok Kumar Songara/P.S..cum J.W.
1 issue framed by the court
Whether the petitioner's continued detention as an undertrial is warranted considering the period of custody and the nature of the magisterial trial.
2 provisions across 2 enactments
Yadram
State of Rajasthan
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
