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MADAN GOPAL VYAS
Aashif @ Sultan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. These bail applications under Section 439 Cr.P.C. are laid by petitioners in connection with an FIR, wherein they are charged for offences punishable under Sections 147, 148, 323, 341, 153A, 160, 332, 353/149 IPC and Section 3 of PDPP Act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioners stated that petitioners have falsely been implicated in this case. It is further submitted that co-accused Danish Saifi, Umar Farukh @ Pahul Khan, Salmaan, Haider Ali Urf Pida, Sohil, Tosif Khan, Abid Khan and Firoj Khan have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 03.06.2022. It is further submitted that accused-petitioners are behind the bars since long and further investigation and trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioners.
4. Learned counsel assures that in case accused-petitioners are released on bail, they shall not create any law and order situation and also undertakes that in case of any repetition of the incidents, the petitioners may be made liable to be viewed seriou
The court considered the custody period, lack of specific allegations, and the assurance given by the defense counsel in deciding to grant bail to the accused-petitioners.
The main legal point established in the judgment is the court's discretion to grant bail based on the totality of the facts and circumstances of the case, the custody period of the accused, and the a....
The court's decision was influenced by the interpretation of Section 439 Cr.P.C., considering the custody period, lack of specific role attributed to the petitioners, and the assurance given by their....
The court established that bail can be granted under Section 439 Cr.P.C. when the charge-sheet is filed, co-accused have been granted bail, and the trial is likely to be prolonged.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances warrant it, emphasizing personal liberty and the presumption of innocence.
The court established that prolonged judicial custody without trial, along with the filing of a charge-sheet, can justify the granting of bail under Section 439 of the Cr.P.C.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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