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Petitioner denied anticipatory bail
Theft in sub-judge’s house
2/21/2012 12:13:58 AM
early times report
Jammu, Feb 20: Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal has rejected the pre-arrest bail of Mohd Shafiq s/o Mohd Aziz r/o Village Behrea Tehsil Mendhar District Poonch allegedly involved in the theft case of committed in the house Excise Magistrate. According to the police case the Sub Judge/ Judicial Magistrate, Mehmood Choudhary informed the police through his PSO stating therein that in the intervening night of 14th/15th of November, 2011, the Mohd Shafiq trespassed into his house. When the Mohd Shafiq was searching the house for stealing the property, he was noticed by his PSO, who chased the Mohd Shafiq and he left his jacket there out of which his Identity Card was recovered by him and came to know the whereabouts of the petitioner. On the basis of this report, the police registered the case under FIR No. 205/2011 for offences U/Ss 457/380 RPC and commenced the investigation thereupon. During investigation, police came to know that some valuable items have been stolen from the house of complainant.
The court after hearing the parties observed that Scanning of the police report as well as CD file has emanated that the petitioner is required to be arrested U/Ss 457/380 RPC. The investigation of the case is at infancy stage and the property alleged to have been involved is a huge amount and in case the anticipatory bail is granted in favour of the petitioner, there is no likelihood of the stolen property being recovered. The petitioner is not entitled to pre-arrest bail at this stage and his custodial interrogation is required. Accordingly, the bail application of the petitioner in anticipation of his arrest is hereby rejected. (JNF)
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