SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(Raj) 471

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.B.Sharma, J.
Pappu Alias Chhillu - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Cr. Misc. IIIrd Application No. 573 of 1990.
Decided On : 14-03-1990

Advocates:
For the Petitioner:Praveen Balwada, Advocate.
For the State: S.C. Sharma, P.P.

The court considered the tender age of the accused and the nature of evidence against him in granting bail.

Headnote:

Bail Application - Criminal Procedure - The court allowed the bail application of the accused petitioner, directing his release on bail with certain conditions, considering the tender age of the accused and the nature of evidence against him.

Fact of the Case:

The accused petitioner filed a third bail application after the earlier two were dismissed under Section 439 Cr. PC. The case was committed to the Special Judge for dacoity effected areas, but he sent it back to the Magistrate. The evidence against the accused was related to the recovery of stolen property. Other accused petitioners were released on bail, except one.

Finding of the Court:

The court allowed the bail application and directed the release of the accused petitioner on bail, considering his tender age and the nature of evidence against him.

Issues: Bail application, nature of evidence, tender age of the accused

Ratio Decidendi: The court considered the tender age of the accused and the nature of evidence against him in granting bail.

Final Decision: The accused petitioner was granted bail with certain conditions.

JUDGMENT

1. - This is a third bail application. The earlier two have been dismissed Under Section 439 Cr. PC. It appears that the learned Magistrate committed the case to the Special Judge for dacoity effected areas* but he took a view that the case is not triable by him and sent the case back to the Magistrate. It also appears that the evidence against the accused petitioner is of recovery of some stolen property. The other accused petitioners similar situated, namely, Bablu and others except Raju have been released on bail.

2. It is also said that the accused is of tender age. I, therefore, allow this bail application and direct that the accused petitioner Pappu @ Chhillu shall be released on bail on his furnishing personal bond in the sum of Rs. 10,000/- ( Rs. Ten thousand) with two sureties in the amount of Rs. 5,000/- ( Rs. Five thousand) to the satisfaction of the trial court with the stipulation to appear before that Court or any other Court as and when called upon to do so.Bail granted.

*******


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top