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PUSHPENDRA SINGH BHATI
Danish Saifi – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This Court perused the material available on record.
2. The petitioners have been arrested in connection with FIR No. 113/2022 of Police Station Sardarpura, Jodhpur City West for the offences punishable under Sections 147, 148, 149, 323, 341, 153A, 160, 332, 353 IPC and Section 3 of PDPP Act. They have preferred these bail applications under Section 439 Cr.P.C.
3. Learned counsel for the petitioners submit that the petitioners have no previous criminal antecedents except for Tosif, who has one case under Section 324 IPC and Haider Ali @ Pida, who has one case under Sections 147, 148 & 149 IPC; furthermore, the present petitioners have completed custody of almost one month.
4. Learned counsel assure the Court that in case they are released on bail, they shall not cause any law and order situation and also undertakes that in case any repeat of the incidents, the petitioners may be made liable to be viewed seriously by the prosecution and the Courts.
5. Learned Public Prosecutor as well as learned counsel for the complainant however, vehemently oppose the bail applications, but are unable to point out any specific role attributed to the present petitio
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 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 court may grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, the absence of previous criminal antecedents, and the likelihood of prolon....
Granting 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'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....
Granting 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 may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the ....
Granting bail based on the totality of the facts and circumstances, the bail granted to similarly situated co-accused persons, and the likelihood of the proceedings taking time to conclude, without e....
The court's decision to grant bail was based on the consideration of contentions, absence of a test identification parade, and opposition by the Public Prosecutor citing the petitioners' criminal ant....
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