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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Poona Ram – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3347 of 2022
Decided On : 05-04-2022
Bail Application - Offences under Indian Penal Code - Grant of bail based on co-accused being granted bail, absence of injury, and lengthy trial
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with an FIR for offences under the Indian Penal Code. The petitioner had been arrested after other co-accused were granted bail, and the trial was expected to take a long time.
Finding of the Court:
The Court, without expressing any opinion on the merits of the case, granted bail to the petitioner based on the absence of injury, the filing of the charge-sheet, and the lengthy trial expected. The Court noted that other co-accused had been granted bail previously.
Issues: Bail application under Section 439 Cr.P.C. for offences under the Indian Penal Code.
Ratio Decidendi: Grant of bail based on absence of injury, filing of charge-sheet, previous grant of bail to co-accused, and the expectation of a lengthy trial.
Final Decision: The bail application of the petitioner was allowed, and the petitioner was ordered to be released on bail upon furnishing the specified bonds.
JUDGMENT
Devendra Kachhawaha, 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 F.I.R. No.202/2015, Police Station Samdari, District Barmer, registered for the offence punishable under Sections 147, 148, 149, 332, 353 and 307/149 of the Indian Penal Code.
2. Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that allegation of using fire arm has been levelled against co-accused Virdharam Jat who has already been granted benefit of bail; all the other co- accused persons have been granted benefit of bail and the petitioner has been arrested thereafter; supplementary charge-sheet has been filed in regard to the petitioner; no injury has been caused to anybody; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor has vehemently opposed the bail application of the accused-petitioner and stated that earlier five other cases have been registered against the accused-petitioner out of which one case is registered for the offence punishable under Section 8/18 of the NDPS act.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused to anybody; charge-sheet has been filed; benefit of bail has been granted by co-ordinate Bench(s) of this Court to co-accused persons, namely, Prakash @ Om Prakash vide order dated 03.07.2019 (Bail application No.7615/2019), Deda Ram vide order dated 22.03.2018 (Bail application No.2941/2018), Manohar Lal vide order dated 07.10.2016 (Bail application No.9391/2016) and Virdha Ram vide order dated 25.07.2016 (Bail application No.6680/2016); and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the petitioner, Poona Ram S/o Shri Koja Ram, arrested in connection with F.I.R. No.202/2015, Police Station Samdari, District Barmer, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/-with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
Grant of bail based on absence of injury, filing of charge-sheet, previous grant of bail to co-accused, and the expectation of a lengthy trial.
The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.
The court established that prolonged judicial custody and lack of evidence from key witnesses can warrant the granting of bail under Section 439 Cr.P.C.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
The court established that bail can be granted based on the absence of injuries, the filing of a charge-sheet, and the duration of custody, reinforcing the principle that pre-trial detention should n....
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
The court considered the triable nature of the offences and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.
The court may grant bail based on the triability of the offences by the Magistrate, filing of charge-sheet, and the expected duration of the trial.
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