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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Mangi Devi – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5698 of 2022
Decided On : 10-05-2022
Bail Application - Offence under IPC - Grant of bail based on injury report and circumstances of the case
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for the offence punishable under Sections 341, 323, 308 and 379/34 of the Indian Penal Code. The injured received a simple injury on her head, and the petitioner, a lady, is in judicial custody.
Finding of the Court:
The Court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail based on the facts and circumstances of the case.
Issues: The issue was whether the petitioner should be granted bail considering the injury report and the circumstances of the case.
Ratio Decidendi: The Court considered the injury report and the fact that the petitioner is a lady in judicial custody, and deemed it appropriate to grant bail without commenting on the merits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with FIR No.121/2022, Police Station Sadar, District Barmer registered for the offence punishable under Sections 341, 323, 308 and 379/34 of the Indian Penal Code.
2. Learned counsel for the petitioner submits that according to the injury report of the injured Sunita, she received one injury on her head and as per X-Ray report, the injury is found to be simple in nature; petitioner is a lady and she is in the judicial custody; and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor and learned counsel appearing on behalf of the complainant have vehemently opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Smt. Mangi Devi W/o Pokar Ram shall be enlarged on bail in FIR No.121/2022, Police Station Sadar, District Barmer provided she furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for her appearance before the court concerned on all the dates of hearing as and when called upon to do so.
Grant of bail based on injury report and circumstances of the case
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered the cross-cases between the parties and granted bail without commenting on the merits of the case.
The court established that the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail to an accused under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case.
The court considered specific allegations and the extent of injury in deciding on the grant of bail.
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