Criminal Procedure Code, 1973
Section 439—Bail—Criminal breach of trust by clerk or servant—FIR registered under Section 408 & 411 of IPC—Only offence invoked against petitioner is under Section 408 of IPC—Object of judicial custody is not punitive but to secure presence of accused during the trial—Maximum sentence which could be imposed for the offence under Section 408 IPC is seven years and petitioner is in judicial custody for last eight months—Trial is yet to commence and there being 14 witnesses cited by the prosecution, therefore, trial is not likely to be concluded anytime soon—So far as the apprehension expressed by the APP that the petitioner in the event of being enlarged on bail may influence and threaten the witnesses is concerned, the same can be dispelled by putting strict conditions on the petitioner—Petition has made out a case for grant of regular bail—Application allowed.
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