Case Note & Summary
The petitioner, Mohsin @ Syed Mohsin, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail in Crime No.314/2017 registered by Devarajeevanahalli Police Station, Bengaluru, for offences punishable under Sections 399 and 402 of the Indian Penal Code, 1860 (IPC). The case arose from a suo moto complaint by the ASI of the police station on 07.10.2017 at about 4:00 a.m., alleging that accused Nos.1 to 5 (petitioner being accused No.4) were present at a vacant place near a railway track in Shampura, carrying clubs, and had hatched a plan to commit dacoity by stopping passersby. The ASI apprehended accused Nos.1 to 3, while accused Nos.4 and 5 fled. A FIR was registered, and after investigation, a charge sheet was filed in C.C.No.53570/2018. Subsequently, the charge sheet was split into C.C.No.55962/2019 regarding the petitioner, who was apprehended later. The petitioner had been in custody since his arrest and had been incarcerated for about 2 years and 9 months. The court noted that the petitioner was not arrested at the spot, no recovery was made from him, and the trial was likely to take time. The court held that continued detention would be violative of Article 21 of the Constitution. The court allowed the petition and granted bail to the petitioner on certain conditions, including executing a personal bond of Rs.1,00,000 with two sureties, not tampering with evidence, not threatening witnesses, and appearing before the court regularly.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Regular Bail - Petitioner sought bail for offences under Sections 399 and 402 IPC - Court considered that the petitioner was not arrested at the spot, no recovery from him, and he was in custody for over 2 years 9 months - Held that continued detention would be violative of Article 21 of Constitution - Bail granted with conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to regular bail under Section 439 of CrPC for alleged offences under Sections 399 and 402 of IPC.
Final Decision
The petition is allowed. The petitioner is ordered to be released on bail in Crime No.314/2017 (C.C.No.55962/2019) pending on the file of the 11th Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, subject to executing a personal bond of Rs.1,00,000 with two sureties, and conditions including not tampering with evidence, not threatening witnesses, and appearing before the court regularly.
Law Points
- Bail
- Section 439 CrPC
- Sections 399 and 402 IPC
- Preparation to commit dacoity
- Prima facie case
- Long incarceration
- Split charge sheet
