Allowed a bail petition in a Section 382 IPC case. The High Court held it expedient to order release subject to Trial Court satisfaction, without opining on merits.
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 IInd Bail Application No. 2766/2019
Mausam @ Sharif Son Of Idrish, By Caste Mev, Resident Of Samdika, Police Station Jurhara, District Bharatpur (Raj.) (At Present Accused Petitioner Confined In District Jail Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Nawal Singh Sikarwar For Respondent(s) : Mr. Ganesh Saini, Additional P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
04/04/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 81/2012 registered at Police Station Lalsot, Distt. Dausa, for offence under Section 382 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that PW-1 in his cross-examination has stated that he could not identify the accused as they had made them look down. PW-10 Iqbal has stated that he could not identify the accused. Petitioner is in custody since 08.06.2017.
Learned State Counsel on the other hand has opposed the petition.
(2 of 2) [CRLMB-2766/2019]
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 merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Sudha/14
1 issue framed by the court
Whether the petitioner is entitled to be granted regular bail in the maintenance of criminal proceedings.
1 provisions across 1 enactments
Mausam @ Sharif Son Of Idrish
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
