P&H: Grants Bail To Accused for Theft of Transformer; Reiterates Bail Is The Rule And Right To Speedy Trial
High Court has granted regular bail to accused in an FIR alleging theft of an electricity transformer u/s 136 of the Electricity Act, Court allowed the petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), noting that the maximum punishment is up to three years and that continued custody was not warranted.
The prosecution case originated from a complaint alleging transformer theft causing a loss of Rs. 45,753.99. The State opposed bail, arguing the petitioner is a habitual offender with similar cases and one Arms Act case pending. The defence highlighted that the petitioner had been in custody for five months and twenty days, investigation was complete, and nothing was left to be recovered.
The Court identified key factors in favour of bail: the limited sentence exposure, completion of investigation, the unlikelihood of an early conclusion of trial, and the lack of material suggesting the petitioner would tamper with evidence, influence witnesses, or...
