1990 Supreme(Raj) 680

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.Kapur, J.
Vijay Joshi - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cr. Misc. Appln. No. 2045 of 1990.
Decided On : 5-10-1990

The severity and nature of injuries, along with the length of time in custody, are key factors in determining the grant of bail under Section 326 IPC.

Headnote:

Bail - Section 307 IPC - Section 326 IPC - The court granted bail to the accused petitioner under Section 326 IPC after considering the nature and severity of the injuries and the length of time the accused had been in custody.

Fact of the Case:

The petitioner was charged under Section 326 IPC for an offence initially under Section 307 IPC. The injured party had sustained multiple injuries, but only two were considered grievous.

Finding of the Court:

The court found that the injuries sustained were not severe enough to deny bail to the accused, who had already been in custody for four months. The court granted bail to the accused petitioner on certain conditions.

Issues: Nature and severity of injuries, length of time in custody, conditions for granting bail

Ratio Decidendi: The court considered the severity and size of the injuries, as well as the length of time the accused had been in custody, in deciding to grant bail under Section 326 IPC.

Final Decision: The accused petitioner was granted bail on the conditions of furnishing a bail bond and adhering to certain restrictions.