Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 970

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Nathi Bai – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4906 of 2022
Decided On : 17-05-2022

Advocates appeared:
Swaroop Singh Sisodia, Advocate, Laxman Solanki, Advocate

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, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Section 439 Cr.P.C. - The court granted bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case, considering the totality of the facts and circumstances.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested for offences under Sections 302, 201, 148, 115, 109 of IPC. The petitioner's counsel argued for bail citing the release of a similarly situated co-accused and the prolonged trial duration. The Public Prosecutor opposed the bail application.
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.
Issues: The issues involved the grant of bail to the accused petitioner in a case involving serious offences.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail upon fulfilling the specified conditions.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.82/2021, Police Station Kelwada, District Rajsamand, for the offences punishable under Sections 302, 201, 148, 115, 109 of IPC.

2. Counsel for the petitioner submits that similarly situated co-accused Prem Singh has already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to that of co-accused. Counsel further submits that petitioner is a lady. 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 vehemently 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 Smt. Nathi Bai W/o Shri Heera Singh, shall be released on bail in connection with FIR No. 82/2021, Police Station Kelwada, District Rajsamand provided she 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 her 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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