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2021 Supreme(Raj) 398

IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Dinesh Nihlani - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 2584 of 2021
Decided on : 19-02-2021

Advocates appeared:
Hemant Ballani, Advocate, Shrawan Bishnoi, Advocate

Grant of bail under Section 439 Cr.P.C. based on the triability of the alleged offences by Magistrate.

Headnote:

Bail - Offences Triable by Magistrate - Grant of Bail under Section 439 Cr.P.C.

Fact of the Case:

The petitioner(s) were arrested for offences punishable under Section(s) 419, 420, 406 IPC and filed a bail application under Section 439 Cr.P.C. The petitioner(s) argued that the alleged offences are triable by Magistrate.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner(s) under Section 439 Cr.P.C, considering the totality of the facts and circumstances and the fact that the alleged offences are triable by Magistrate.

Issues: The main issue was whether the accused petitioner(s) should be granted bail for the alleged offences punishable under Section(s) 419, 420, 406 IPC.

Ratio Decidendi: The court's decision was influenced by the fact that the alleged offences are triable by Magistrate, and it deemed it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

Final Decision: The bail application(s) filed under Section 439 Cr.P.C. was allowed, and it was directed that the petitioner(s) shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Vijay Bishnoi, J. - Heard.

2. The petitioner(s) has/have been arrested in FIR No.21/2021 of Police Station Kotwali District Jaisalmer for the offence(s) punishable under Section(s) 419, 420, 406 IPC. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate.

4. Learned Public Prosecutor has opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Dinesh Nihlani S/o Harish Nihlani shall be released on bail in connection with FIR No.21/2021 of Police Station Kotwali Jaisalmer District Jaisalmer provided he/she/they execute(s) a personal bond in a sum of Rs.1,00,000/- with two sound and solvent local sureties of Rs.50,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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