Single judge bail application challenging detention under Section 382/34 IPC. Court granted bail despite prosecution's submission of petitioner being a habitual offender, relying on co-accused's bail and pending status of trial.
Petitioner released on personal bond of Rs.50,000 plus two sureties of Rs.25,000 each.
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 AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6746/2020
Jitendra @ Jeetu @ Gabbar @ Rahul S/o Jalama @ Jalamchand Meena, Aged About 22 Years, R/o Mandwa, P.s. Rishabhdev, Dist. Udaipur. (At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State of Raj., Through PP
----Respondent
| For Petitioner(s) | : Mr. M.K. |
Pitaliya |
|---|---|---|
| For Respondent(s) | : Mr. A.R. |
Choudhary,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order
06/07/2020
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in connection with FIR No.87/2019 of Police Station Rishabhdev, District Udaipur, for the offences punishable under Section 382/34 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that benefit of bail has already been granted to co-accused Manish vide order dated 21.11.2019 by this Court. Trial of the case will take time. Therefore, benefit of bail may be granted to the petitioner.
Learned Public Prosecutor submits that petitioner is a habitual offender and 11 other cases are pending against the petitioner and opposed the bail application.
(2 of 2) [CRLMB-6746/2020]
In reply, learned counsel for the petitioner argued that petitioner is on bail in other cases.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jitendra @ Jeetu @ Gabbar @ Rahul S/o Jalama @ Jalamchand Meena, shall be released on bail in connection with FIR No.87/2019 of Police Station Rishabhdev, District Udaipur, provided he executes a personal bond in a sum of Rs.50,000/- alongwith two sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
31-amit/-
1 issue framed by the court
Whether bail ought to be granted to the petitioner being a habitual offender with pending cases.
1 provisions across 1 enactments
Jitendra @ Jeetu @ Gabbar @ Rahul S/o Jalama @ Jalamchand Meena
State of Raj.
Deendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
