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High Court Of Rajasthan
Judgename : R.S.Kejriwal
JAICHAND - Appellant
Versus
STATE OF RAJASTHAN - Respondent
S. B. Cri. Bail No. 1524 Of 1991
Decided On : 05/30/1991
bail application - pending cases - The court granted bail to the petitioner despite multiple pending cases, citing a previous case as precedent for not rejecting bail solely on that ground.
Fact of the Case:
The petitioner's bail application was rejected by the trial court due to the existence of about 20 pending cases against the petitioner.
Finding of the Court:
The court, after considering the arguments of the petitioner's counsel, granted bail to the petitioner under section 439 Cr. P. C.
Issues: The main issue was the rejection of the petitioner's bail application based on the existence of multiple pending cases against the petitioner.
Ratio Decidendi: The court relied on the precedent set in Jaipal v. State of Rajasthan, which held that the mere existence of other pending cases against the petitioner should not be the sole ground for rejecting a bail application.
Final Decision: The court ordered the release of the accused petitioner on bail upon furnishing a personal bail bond and sureties to the satisfaction of the trial court.
Key Points: - The court granted bail despite about 20 pending cases against the petitioner, citing precedent that pending cases should not be the sole ground to reject bail (!) . - The bail was granted under section 439 Cr. P. C. to the petitioner on furnishing a personal bond and sureties to the court’s satisfaction (!) . - The decision references Jaipal v. State of Rajasthan as controlling precedent for not rejecting bail solely due to pending cases (!) . - The initial trial court had rejected bail due to the existence of about 20 pending cases (!) . - The order specifies the conditions: personal bail bond Rs. 6,000 and two sureties Rs. 3,000 each, with appearance as required (!) . - The judge who delivered the judgment was R. S. Kejriwal, J. (!) . - Case type: Criminal Bail and Pretrial Release; subject and issues revolve around bail criteria given multiple pending cases (!) . - Final decision: accused released on bail pending trial (!) . - The judgment discusses the main issue of whether pending cases can be sole ground to reject bail (!) . - The outcome adopts a principle that mere existence of pending cases should not automatically bar bail (!) .
R. S. KEJRIWAL, J.
( 1 ) PETITIONERS bail application was rejected by the trial court on the ground that about 20 cases are pending against the petitioner.
( 2 ) MR. Balwada argued that this is no ground for cancelling the bail application. In support of his argument, he placed reliance on Jaipal v. State of Rajasthan,1, wherein it has been held that if other cases were pending against the petitioner, in that case, the bail application should not have been rejected on that grand. I agree with the arguments advanced by learned counsel for the petitioner and as such I am inclined to grant him bail u/s 439 Cr. P. C. It is, therefore, order perfect accused petitioner Jail hand be released on bail provided, he furnishes a personal bail bond in the sum of Rs. 6,000/- with two sureties the sum of Rs. 3,000/- each to the satisfaction of the trial court with the stipulation to appear in that court, as and when called upon to do so during the pendency of the trial against him in this case.
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