Point of Law: Grant of Bail - Theft in dwelling house, etc - There is no doubt that grant or denial of bail is entirely discretion of judge considering a case but even so, exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in country.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner is seeking his release on bail, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) in case FIR No. 34/2020, dated 1.2.2020, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P., under Sections 454, 380 read with Section 34 of the Indian Penal Code.

2. In support of his case, the petitioner has submitted that he has been falsely implicated and has nothing to do with the offences in question. The petitioner has undertaken to join the investigation and further is ready and willing to furnish appropriate personal and surety bonds. He has further submitted not to hamper or tamper with the investigation, in any manner.

3. On notice, respondent has filed status report, which reveals that the petitioner is accused of the offence alleged to have been committed on 01.02.2020 in the house of the complainant, whereby, theft of valuable jewellery was made after committed house breaking. The petitioner is alleged to have been accompanied by other coaccused having common intention to commit said offence. It is further submitted that the petitioner could be arrested only on 08.04.2021, he remained in police custody till 12.04.2021 and thereafter remanded to judicial custody. Petitioner is stated to be habitual offender. It is alleged that he is accused in similar case under Sections 380, 454 of the Indian Penal Code, in case, registered vide FIR No. 6/2020, dated 08.01.2020 at Police Station Sarkaghat, District Mandi, H.P. and is facing trial. He is also alleged to be an accused in case under Sections 279, 304A of the Indian Penal Code. The petitioner is also stated to have been convicted twice under the provisions of Gambling Act at Jawalamkhi, District Kangra, H.P. and fined Rs. 50/- on each occasion. Challan is stated to have been filed against the petitioner, which is pending in the Court of learned Judicial Magistrate Ist Class, Court No. 2, Hamirpur, District Hamirpur, H.P.

4. I have heard learned counsel for the petitioner and learned Additional Advocate General for the State. The petitioner is in custody since 08.04.2021. The fact that challan has been presented against him evidences the fact that the investigation qua him is complete. There is nothing on record to suggest that the petitioner is assessory, in any manner, in non-apprehension of other co-accused by the police. The nature of offences under the Gambling Act or under Sections 379, 304 A of Indian Penal Code with which petitioner has been charged on previous occasions are in no way akin to the offence involved in the present case. The fact that the petitioner has been arrayed as an accused in another case vide FIR No. 06/2020, dated 08.01.2020, under Sections 454, 380 read with Section 34 of Indian Penal Code, Police Station Sarkaghat, District Mandi, H.P. can not be taken to be a sole factor to keep the petitioner in custody for prolonged duration as the guilt, if any, of the petitioner is yet to be proved in the cases against him.

5. In Dattaram Singh Vs. State of Uttar Pradesh and another, (2018) Vol III SCC page-22, it has been held as under :

"2. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case

3. xxx xxx xxx

4. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Const