Sanjay Mali vs State Of Rajasthan - 2022 Supreme(Raj) 1033

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1033

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Sanjay Mali – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5606 of 2022
Decided On : 24-05-2022

Advocates appeared:
Zafar Khan, Advocate, Arun Kumar, Advocate

Headnote:
Bail Application - Accused petitioner - The court granted bail to the accused petitioner under Section 439 Cr.P.C.
Fact of the Case:

The petitioner was arrested for offences under Sections 143, 323 & 307 of IPC and Section 3/25 of the arms act. The petitioner claimed innocence and sought bail due to the lengthy trial process.
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.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioner has been arrested in connection with FIR No. 81/2022 of Police Station Kotwali Nimbahera, District Chittorgarh for the offence punishable under Sections 143, 323 & 307 of IPC and Section 3/25 of the arms act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the Police recorded the statement of the present petitioner, in which F.I.R. was registered. But later on the Police implicated the present petitioner as an accused, whereas the present petitioner himself fired on his body and received injuries. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sanjay Mali S/o Gopal Mali, shall be released on bail in connection with FIR No.81/2022 of Police Station Kotwali Nimbahera, District Chittorgarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.

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