This single judge criminal miscellaneous bail petition allows regular bail to the petitioner accused of theft, noting that 26 bags of chickpeas were recovered and no further investigation requires his custody.
Petition allowed; petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 11772/2018
Mahaveer S/o Shri Ghansi Lal B/c Malav, Aged About 32 Years, R/o Bammuliya Ps Anta Dist. Baran Raj. (At Present Confined In Dist. Jail Baran)
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Rohan Jain For Respondent(s) : Mr. R.R. Gurjar P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
25/09/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 679/2018 registered at Police Station Kotwali Baran, District Baran for offence under Sections 457 and 380 of Indian Penal Code, 1860.
Present case relates to theft of bags of chickpea.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 08.09.2018. Recovery of 26 bags has already been effected from the petitioner. Presently, petitioner is in judicial custody and is not required for further investigation.
Learned State counsel has opposed the petition.
(2 of 2)
[CRLMB-11772/2018]
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the 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.
S.Kumawat-56
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC in a theft case.
1 provisions across 1 enactments
Mahaveer S/o Shri Ghansi Lal B/c Malav
State Of Rajasthan Through P.P.
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
