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RAMESHWAR VYAS
Virender Singh Charan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Rameshwar Vyas, J. - The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 23/2016 registered at Police Station Salasar, District Churu for offences punishable under Sections 302/34 IPC, Section 3/25 and 5/25 of arms act.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the petitioner submits that the offence alleged against the petitioner is under Section 5/25 of arms act for supplying arms to Gajendra and Imran, who did not possess license and also are accused for the offences under Sections 302, 120-B IPC etc. Learned counsel further submits that the main accused Imran has already been enlarged on bail; offence under Section 5/25 arms act punishment with imprisonment of three years and fine. In the above circumstances, learned counsel for the petitioner prays to grant bail application.
4. On the other hand, learned Public Prosecutor has opposed the bail application.
5. Having regard to the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particu
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case.
The court may grant bail to an accused under Section 439 Cr.P.C. based on the circumstances and without expressing any opinion on the merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The right to a speedy trial is fundamental, and indefinite detention without trial is impermissible, emphasizing the presumption of innocence.
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