Criminal Procedure Code, 1973
Section 439—Regular bail—Cheating and fraud in selling property—Case of impersonation—There are sufficient prima facie evidence connecting petitioner with alleged crime, however, pre-trial incarceration should not be a replica of post-conviction sentencing—Total custody of petitioner in the FIR is five months and two days—Given the penal provisions invoked vis-à-vis pre-trial custody, coupled with the prima facie analysis of the nature of allegations and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage—Petition makes a case for bail—Bail granted.
[Paras 8 to 10]