Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Raj) 1817

IN THE HIGH COURT OF RAJASTHAN
Sanjeev Prakash Sharma, J.
Prem Giri – Petitioner
Vs.
State of Rajasthan – Respondent
Criminal Misc. Bail No. 9471 of 2017
Decided On : 22-11-2017

Advocates Appeared:
For the Petitioner:Mr. Vineet Jain, Advocate,
For the Respondent: Mr. J.P. Bhardwaj, P.P
For the complainant :Mr. DS Udawat, Advocate

The court's discretion in granting bail under Section 438 CrPC is based on the overall facts and circumstances of the case.

Headnote:
Bail Application - Offences under Section 143, 341, 323, 308, 332 & 353 IPC - The court rejected the bail application after considering the overall facts and circumstances of the case without expressing any opinion on the merits and demerits of the case.
Fact of the Case:

The bail application was filed under Section 438 CrPC in connection with FIR No. 332/2017 for multiple offences under IPC.
Finding of the Court:

The court rejected the bail application after considering the overall facts and circumstances of the case without expressing any opinion on the merits and demerits of the case.
Issues: Bail application under Section 438 CrPC for multiple offences under IPC.
Ratio Decidendi: The court considered the overall facts and circumstances of the case and deemed it unjust and improper to enlarge the petitioners on bail.
Final Decision: The bail application was rejected.

ORDER :

Sanjeev Prakash Sharma, J.

This bail application has been filed under Section 438 CrPC in connection with FIR No. 332/2017 registered at Police Station Jaitaran, Dist. Pali for the offences under Section 143, 341, 323, 308, 332 & 353 IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State as also learned counsel for the complainant and carefully perused the relevant material made available on record.

3. Looking to the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I do not deem just and proper to enlarge the petitioners on bail.

4. Therefore, this bail application is rejected.

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2017 Supreme(Raj) 1817

IN THE HIGH COURT OF RAJASTHANSanjeev Prakash Sharma, J.Prem Giri – Petitioner Vs. State of Rajasthan – RespondentCriminal Misc. Bail No. 9471 of 2017Decided On : 22-11-2017

The court's discretion in granting bail under Section 438 CrPC is based on the overall facts and circumstances of the case.

IN THE HIGH COURT OF RAJASTHAN
Sanjeev Prakash Sharma, J.
Prem Giri – Petitioner
Vs.
State of Rajasthan – Respondent
Criminal Misc. Bail No. 9471 of 2017
Decided On : 22-11-2017