High Court allowed bail to the accused petitioner in an FIR for robbery and recovery of stolen property, noting victim non-identification and without expressing opinion on merits.
Petitioner 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 Second Bail Application No.
1783/2020
Aarif alias Goldan S/o Shri Gani Khan By Caste Deshwali Musalman, R/o Vill. Raheempura Police Station Gandhi Nagar Kishangarh District Ajmer. (The accused petitioner is confined in Central Jail, Ajmer)
----Accused-Petitioner
Versus
The State of Rajasthan, through Public Prosecutor.
----Respondent
For Petitioner : Ms. Suman Shekhawat with Mr. K.S. Khangarot through Video Conferencing. For Respondent : Mr. N.S. Gurjar, Public Prosecutor.
HON'BLE MRS. JUSTICE SABINA
Order
14/05/2020
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 23/2018 registered at Police Station Gandhi Nagar, Ajmer for offences under Sections 457, 394, 397 and 342 of Indian Penal Code, 1860.
I have heard learned counsel for the petitioner through video conferencing.
Learned counsel for the petitioner has submitted that the victim has failed to identify the petitioner during trial.
Learned State counsel has opposed the petition.
(2 of 2) [CRLMB-1783/2020]
Keeping in view the facts and circumstances of the present 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
MANOJ NARWANI /2
1 issue framed by the court
Whether the petitioner is entitled to regular bail in offences under Section 394 I.P.C.?
2 provisions across 2 enactments
Aarif alias Goldan
The State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
