RAKESH DILIPBHAI HALPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application for regular bail under Section 439 of the Code of Criminal Procedure in connection with the offence being C.R. No. I-77 of 2017 registered with Vapi Town Police Station, District: Valsad, under Sections 379 , 356 and 114 of the Indian Penal Code.

(2.) The prosecution has alleged theft of a mobile phone on 30.05.2017 and also has alleged of assault in an attempt to commit theft.

(3.) According to the learned Advocate, Mr. Mirza, appearing for the applicants, the maximum punishment provided under Section 379 of the Indian Penal Code is of three years' imprisonment, whereas, under Section 356 , the punishment is of two years' imprisonment or with fine or both. He has urged that the applicants are in judicial custody for the past two months and keeping them incarcerated for long, would make them hardened criminals. He, further, urged that both of them are residents of State of Gujarat and procuring their presence at the time of trial will not be difficult.