Single Bench order granting regular bail to the petitioner in a case under the Explosive Substances Act, 1908, despite without expressing an opinion on case merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B.CRIMINAL MISC. BAIL NO.1643/2017
Munfed @ Munfid S/o Samma B/c Mev, Aged About 28 Years, R/o Chuhadpur, PS Choupanki, District Alwar. (Presently Lodged in Central Sub Jail, Kishangarhbas).
Kishangarhbas).
Versus
State of Rajasthan Through P.P.
For Petitioner(s) : Shri Aditya Kumar Jain For State : Shri R.R. Baisla P.P.
HON'BLE MRS. JUSTICE SABINA
Order
23/3/2017
Petitioner has filed this petition under Section 439 Code of Criminal Procedure 1973 seeking regular bail in F.I.R. No. 110/2014 registered at Police Station Choupanki, Alwar, for offence under Section 4, 5 Explosive Substances Act, 1908.
Learned counsel for the petitioner has submitted that petitioner was not apprehended at the spot. In-fact the premises in question was lying locked. There is no material on record to establish that the petitioner was the owner of the premises in question. Petitioner is in custody since 15.12.2016. Challan has already been presented in the court and conclusion of trial may take time. As per the prosecution story, the explosive substance had been kept in the room for illegal mining.
Learned State Counsel has opposed the petition.
Keeping in view the facts and circumstances of the present case, it would be just and expedient to order release of the petitioner on bail.
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.
(SABINA)J.
Mrg.
1 issue framed by the court
Whether the petitioner is eligible for regular bail in a case involving offences under the Explosive Substances Act, 1908.
3 provisions across 2 enactments
Munfed @ Munfid
State of Rajasthan Through P.P.
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
