Single Judge allowed bail to the accused-petitioner in a case involving IPC offences including robbery, noting the evidence issues and pending investigation.
Petitioner released on bail with personal bond of Rs. 20,000/-.
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 Application No.3201/2020
Mubbi@mubarik S/o Inam @ Ismail, Aged About 26 Years, R/o Utawad Ps Baheen Dist. Palwal Haryana (At Present Petitioner confined In Central Jail Jaipur Dist. Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Liyakat Ali For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
07/05/2020
This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.426/2015 registered at Police Station, Chandwaji District Jaipur, for offence under Section(s) 365, 395 and 485 IPC.
Learned counsel for the petitioner submits that earlier charge sheet was filed under Section 173(8) Cr.P.C. keeping investigation pending as against the petitioner and he has been made accused later on. Although his name was not mentioned in the FIR. Counsel submits that no recovery was affected against the petitioner and even after arrest no identification parade was conducted as the complainant refused to identify inspite thereof charge sheet has been filed against the petitioner. Learned counsel for the petitioner submits that co-accused who were identified, have already been released on bail.
(2 of 2)
[CRLMB-3201/2020]
Learned Public Prosecutor has opposed the bail application. Taking into consideration the nature of the allegation levelled against the petitioner, but without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and it is ordered that the accused-petitioner-Mubbi@mubarik S/o Inam @ Ismail be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that they shall comply with all the conditions laid down under Section 437 (3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J
Karan Bhutani /5
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a case involving offences under Sections 365, 395 and 485 IPC where investigation was pending.
Whether special circumstances exist to ensure release on bail despite the nature of allegations.
2 provisions across 1 enactments
Mubbi@mubarik S/o Inam @ Ismail
State Of Rajasthan
Sanjev Prakash Sharma
As recorded by the court registry
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