Full Judgment
M.Cr.C.No.5838/2012 03/8/2012 Shri K.L.Prajapati, Advocate for the applicant.
Shri Yogesh Dhande, Public Prosecutor for the respondent-State.
Heard the learned counsel for the parties.
The applicant is in custody since 3.12.2011 in connection with Crime No.325/2011 registered at Police Station Civil Lines, Chhattarpur for the offence punishable under Section 379 of IPC.
This is repeat bail application on behalf of the present applicant.
His earlier application was dismissed being withdrawn.
Learned counsel for the applicant submits that the applicant is a young youth of 25 years of age, who has no criminal past alleged against him.
At present the case is remanded back by Additional Sessions Judge, Chhattarpur to the Chief Judicial Magistrate, Chhattarpur for trial of offence under Section 379 of IPC.
not the case is triable by the Court of JMFC and sufficient time will be required for its disposal.
Applicant is in custody since 3.12.2011.
Under these circumstances, he prays for bail on the ground of his age and custody period.
Learned counsel for the State opposes the application.
He submits that that snatching of a golden chain from the neck of the complainant constitutes an offence under Section 392 of IPC, and therefore looking to the gravity of offence, applicant may not be enlarged on bail.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, but looking to the age and custody period of the applicant, I am of the view that application under Section 439 of Cr.P.C.filed by the applicant viz.
Rafique may be accepted.
Consequently it is hereby allowed.
It is directed that present applicant be released on bail on his furnishing a bond in sum of Rs.35,000/- (Rupees thirty five thousand) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
At present there is no need to express any view on the order dated 14.2.2012 passed by the 4th Additional Sessions Judge Chhattarpur.
However, the said order appears to be patently illegal.
If a chain is snatched from the neck of the complainant, then certainly by snatching the chain, the robber had voluntarily caused hurt to the complainant, and therefore it is not a simple case of theft, but it is a case of robbery.
Under such circumstances, it is a fit case in which suo- motu revision may be done by the High Court.
Office is directed to register a criminal revision against the order dated 14.2.2012 passed by the 4th Additional Sessions Judge, Chhattarpur in ST No.40/2012 and place it before the appropriate bench.
Certified copy as per rules.
(N.K.Gupta) Judge Ansari