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G. S. AHLUWALIA
Afjal Kha – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 22.10.2021 in connection with Crime No.73/2021 registered by Police Station Rawatpura Distt. Bhind for offence punishable under Sections 380, 457 of IPC.
It is submitted by the Counsel for the applicant that applicant is in jail for the last more than three months. according, to the prosecution case, theft had taken place in the house of the complainant and a box containing gold mangalsutra, gold ear rings, silver ornaments, mobile phone and cash amount Rs.8,000/- were stolen. It is submitted that one mangalsutra has been seized from the possession of the applicant. although, the articles have been identified, but the applicant is in jail for the last more than three months. In view of criminal antecedents, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that this Court by order dated 19.01.2022 passed in M.Cr.C. No.3005/2022 has
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
The decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The court considered the period of incarceration, the quantum of money involved, and the lack of previous antecedents against the applicant in granting bail.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
Granting bail under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.
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