High Court allowed a bail petition challenging a FIR involving Sections 396, 397, 302 IPC. The court granted bail based on parity with a co-ordinate bench where a co-accused was released, noting no recovery was made from the petitioners.
Petitioners 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 10813/2018
Versus
State Of Rajasthan Through Pp, Rajasthan
----Respondent
For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Mr. Jitendra Shrimali, PP
HON'BLE MRS. JUSTICE SABINA
Judament / Order
18/09/2018
Petitioners have filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 103/2015 registered at Police Station Bapcha (Jaipla) for offences under Sections 396, 397, 302, 411 and 120-8 of Indian Penal Code, 1860.
Lea-ned counsel for the petitioners has submitted that the stolen mobile phone has been recovered from co-accused Shabana, whereas, stolen motorcycle has been recovered from coaccused Itanveer. Petitioners have been involved in th~s case on the basis of the statement of their co-accused Shabana recorded during investigation by the police. Co-accused Shabana has been ~nted bail by co-ordinate Bench of this court. No recovery has
been effected from the petitioners. Petitioners are in custody since 1Q 7.2018. Challan has already been presented in the court and :lusion of trial may take time.
Learned State counsel has opposed the petition. Since, co-accused has been granted bail by Co-ordinate Berich of this court, on the ground of parity and without expressing any opinion on the merits of the case, this petition is allowed. Petitioners be admitted to bail subject to satisfaction of the Trial Court.
(SABINA),J
Brijesh 26.
1 issue framed by the court
Whether the petitioners are entitled to regular bail under Section 439 CrPC given that no recovery was effected from them despite recovery from co-accused.
1 provisions across 1 enactments
Dhanraj
Kaliya Alias Krishna
State Of Rajasthan
Sabrina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
