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2013 DIGILAW 2120 (RAJ)

Pappu v. State of Rajasthan

2013-11-27

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The present bail application has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No. 119/2013 registered at Police Station Kaprain Distt. Bundi for the offences under section 457,380 IPC. 2. It is alleged that petitioner had committed theft of gold jewellery and mobile phone from a residential house. 3. Counsel for the petitioner has submitted that petitioner is involved in nine cases however, in three cases, he has been acquitted. 4. Counsel for the State submitted that acquittal of the petitioner in three cases is testimony of the fact that petitioner is being falsely implicated by the police. 5. Petitioner is stated to be in custody since 12th September, 2013. Period of police remand is over long ago and petitioner is in judicial custody. It is a case of Magisterial trial and trial will take a long time to conclude. Hence, continuous detention of the petitioner as an under trial is not warranted. 6. Consequently, the present petition is accepted and the petitioner is ordered to be released on bail during the pendency of the trial to the satisfaction of the trial court.Petition allowed. *******