Single judge bail application allowed. Petitioner arrested for theft of motorcycle inculpated primarily on confessional statement. Despite 23 pending similar cases, bail granted as recovery made from place abandoned and charge not complete.
Petitioner released on bail on personal bond of Rs. 50,000/- and 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. 10921/2022
Pankaj S/o Harish Chandra, Aged About 47 Years, R/o 78 Pink Pearl Colony, Ramgiri Badgaon, Police Station Ambamata, Udaipur.
(At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. Shrawan Kumar Bishnoi, Public Prosecutor
JUSTICE DINESH MEHTA
Order
05/12/2022
(2 of 3)
[CRLMB-10921/2022]
applicant has been enroped only on the basis of confessional statement and on the basis of such confessional statement, which was got under police custody, the applicant cannot be convicted. 4. Learned Public Prosecutor on the other hand vehemently opposed the bail application and argued that there are as many as 23 cases of like nature registered against the applicant and thus, bail be not granted to him. 5. Looking to the number of cases of like nature that are pending against the applicant, normally this Court would not have granted any indulgence to the applicant, however, considering the facts of the case wherein the applicant has been inculpated only on the basis of confessional statement and the stolen motorcycle, for which the applicant is made accused was found in abandoned condition, this Court is of the view that the applicant is entitled for bail under section 439 Cr.P.C.
(3 of 3)
[CRLMB-10921/2022]
independent view of the matter, based on ocular and oral
evidence, while finally deciding the case.
(DINESH MEHTA),J
48-Ramesh/-
1 issue framed by the court
Whether the petitioner is entitled to bail when inculcated solely on basis of confessional statement and abandoned recovered stolen property allegedly involved in multiple similar cases pending agains
1 provisions across 1 enactments
Pankaj S/o Harish Chandra
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
