In a bail petition under Section 439 Cr.P.C. for offences under Sections 395, 397, 398, 458 IPC, the High Court dismissed the petition holding the petitioner's antecedents as a habitual offender unjustified for bail.
Bail prayer dismissed as no ground made out due to petitioner's antecedents and status as habitual offender.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 5162/2018
Nawal Kishore S/o Shri Lajja Ram B/c Kushwah , R/o Bagiya Ka Pura, Police Station Subhawali, Distt. Murena M.p. Accused In Distt. Jail Baran
----Petitioner
Versus
State Of Rajasthan Through P.p.
----Respondent
For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
16/08/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 109/2018 registered at Police Station Sadar Baran, Distt. Baran for offences under Sections 395, 397, 398, 458 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 09.04.2018. As per the prosecution story, accused were apprehend at the spot. Challan has already been presented in the Court and conclusion of trial may take time.
Learned State Counsel on the other hand has opposed the petition and has submitted that the petitioner is a habitual offender and is involved in six other criminal cases under Section 457 and 380 IPC.
(2 of 2)
[CRLMB-5162/2018]
Keeping in view the antecedents of the petitioner, no ground
for grant of bail to him is made out.
Dismissed.
(SABINA)J.
Sudha/04
3 issues framed by the court
Whether bail should be granted to the petitioner who is a habitual offender and in custody of another case.
Whether the antecedents of the petitioner preclude the grant of bail.
Whether a stay on the presentation of the challan or trial conclusion affects bail application herein.
1 provisions across 1 enactments
Nawal Kishore
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
