The Rajasthan High Court granted regular bail to the petitioner charged with dacoity, theft, and arms offences. The court ordered admission to bail subject to Trial Court satisfaction without expressing an opinion on merits.
Petitioner admitted to bail under Section 439 CrPC 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. 902/2019
Irfan S/o Deen Mohd B/c Meo, R/o Naharpur, Police Station Tauru, Distt. Nuh (Mewat) Haryana (Presently Confined In Sub Jail Kishangarh Bass Alwar)
----Petitioner
Versus
State Of Rajasthan Through PP
----Respondent
For Petitioner(s) : Mr. Mohd. Shakir Khan Adv. For Respondent(s) : Mr. R.R. Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
21/01/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 613/2018 registered at Police Station Bhiwadi, Distt. Alwar, for offences under Sections 399, 402 of Indian Penal Code, 1860 and Section 3, 4 and 25 of Arms Act, 1959.
As per the prosecution story, accused were making preparation for commission of offence of dacoity.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 17.09.2018. Challan has already been presented in the Court and conclusion of trial may take time. Petitioner is not involved in any other criminal case.
Learned State Counsel on the other hand has opposed the petition.
(2 of 2) [CRLMB-902/2019]
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.
S.Kumawat-51
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a dacoity and theft conspiracy case.
Whether sufficient circumstances exist to deny bail under the proposed offences.
3 provisions across 3 enactments
Irfan S/o Deen Mohd
State Of Rajasthan Through PP
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
