Back
IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Pappu Kathat - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 1091 of 2021
Decided on : 20-01-2021
Bail - Arms Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case, the filing of the charge-sheet, and the likelihood of the proceedings taking some time.
Fact of the Case:
The petitioner was arrested in connection with FIR No. 211/2020 of Police Station Sendara, District Pali for the offences punishable under Section 3/25 of Arms Act. He filed a second bail application under Section 439 Cr.P.C.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case and the filing of the charge-sheet.
Issues: The main issue was the grant of bail to the accused petitioner under Section 439 Cr.P.C. in connection with the offences punishable under Section 3/25 of Arms Act.
Ratio Decidendi: The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, the filing of the charge-sheet, and the likelihood of the proceedings taking some time.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail upon fulfilling certain conditions.
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
2. This Court perused the material available on record.
3. The petitioner has been arrested in connection with FIR No. 211/2020 of Police Station Sendara, District Pali for the offences punishable under Section 3/25 of Arms Act. He has preferred this second bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the chargesheet in this case has already been filed.
5. Learned Public Prosecutor has opposed the bail application.
6. Having regard to the totality of the facts and circumstances of the case as also the fact that the charge-sheet has already been filed and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
7. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Pappu Kathat S/o Harji shall be released on bail in connection with FIR No. 211/2020 of Police Station Sendara, District Pali provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
