PRAKASH CHAND Vs. STATE

JUDGEMENT

(1.) In this case, the accused petitioner Prakash Chand is facing trial for the offences under Sections 457/380 I.P.C. His bail application has been refused on the grounds that he has been convicted twice for the similar offences and he has no fixed about because some times, he says that he lives at Bombay and some times he says that he belongs to Madhya Pradesh.

(2.) Mr. Sunit Avasthi, the learned counsel appearing for the petitioner submits that before the learned Sessions Judge, an affidavit has been filed mentioning therein that out of two convictions recorded against him, the petitioner has been acquitted in one of them, by the appellate Court and therefore, there is no bar under Sec. 437 Crimial P.C. to release him on bail.

(3.) On the other hand, Mr. B.L. Avasthi the learned Public Prosecutor appearing for the State has submitted that the accused petitioner has been convicted twice for the similar offences and therefore he deserves no leniency.