Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1268

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Farsa Ram & Ors. – Appellants
Versus
State & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 4375 of 2022
Decided On : 12-05-2022

Advocates appeared:
Arjun Singh, Advocate, Kirta Ram Meghwal, Advocate, Mahipal Bishnoi, Advocate

The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.

Headnote:
Bail - Criminal Law - The court granted bail to the accused petitioners under Section 439 Cr.P.C. in connection with FIR No. 263/2021 of Police Station Bap, District Jodhpur, for the offence punishable under Sections 457, 380, 307, 447, 458, 395 of IPC and under Section 3/25 of arms act.
Fact of the Case:

The petitioners were arrested in connection with FIR No. 263/2021 for various offences under IPC and arms act. They applied for bail stating that they were falsely implicated and that the trial would take a long time to conclude.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioners should be granted bail considering the circumstances of the case and the opposition from the Public Prosecutor.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Final Decision: The bail applications filed under Sec.439 Cr.P.C. were allowed, and it was directed that the petitioners shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioners have been arrested in connection with FIR No. 263/2021 of Police Station Bap, District Jodhpur, for the offence punishable under Sections 457, 380, 307, 447, 458, 395 of IPC and under Section 3/25 of arms act. They have preferred these bail applications under Section 439 Cr.P.C.

2. Learned counsels for the petitioners submit that the petitioners have falsely been implicated in this case and no one has been injured in this case. Counsels further submit that challan of the case has already been presented. The accused-petitioners are 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-petitioners.

3. Learned Public Prosecutor has opposed the bail applications. 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 petitioners under Section 439 Cr.P.C.

4. accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Farsa Ram S/o Bhagwana Ram and (2) Ramniwas @ Rama Manju S/o Shri andaram, shall be released on bail in connection with FIR No.263/2021 of Police Station Bap, District Jodhpur, provided they execute a personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

Click Here to Read the rest of this document