The High Court of Rajasthan rejected a bail application filed under Section 439 Cr.P.C. The court held that no case for bail was made out due to the accused being a habitual offender with fourteen other pending criminal cases of similar nature.
Bail application rejected; accused is to remain in custody.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 4450/2020
Roshan @ Sahil Jat S/o Gopal Jat, Aged About 23 Years, R/o Gopalnagar Ladana, Police Station Phagi Distt. Jaipur (At Present Central Jail Jaipur Raj.)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. R.B. Sharma Ganthola (through jitsi meet) For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
04/05/2020
This Criminal Misc. Bail Application has been preferred by the accused-petitioner under Section 439 Cr.P.C. in connection with FIR No.163/2020 registered at Police Station Sanganer Sadar, Jaipur Mahanagar for the offence under Section 379 IPC.
Heard learned counsel for the petitioner through jitsi meet. It has been argued on behalf of the accused-petitioner that the case under Section 379 IPC which is triable by a Magistrate Court. The previous cases against the accused-petitioners have been falsely thrust upon the accused-petitioner. Investigation in this case has been completed and charge-sheet has been filed in the learned trial Court. Completion of the trial will consume time, hence, he may be released on bail.
Learned Public Prosecutor has opposed the bail application and has submitted that as per the impugned order dated
(2 of 2)
[CRLMB-4450/2020]
03.04.2020 fourteen other cases have been shown pending against the accused-petitioner out of which 13 cases are pending under Section 379 IPC. The accused-petitioner is a habitual offender. Hence, this bail application may be rejected.
On consideration of arguments submitted by both the parties and perusal of the material available on record, looking to the facts and circumstances of the case and particularly to the fact that there are 14 other criminal cases of similar nature pending against the accused-petitioner, no case for bail is made out.
Hence, the bail application of the accused-petitioner is
hereby rejected.
(MANOJ KUMAR VYAS),J
Arun/36
1 issue framed by the court
Whether bail should be granted to the accused-petitioner in a Section 379 IPC case given multiple pending cases of similar nature against him.
1 provisions across 1 enactments
Roshan @ Sahil Jat
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
