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2022 Supreme(Raj) 2554
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Firoz Ali – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2592 of 2022
Decided On : 24-03-2022
Act Referred
ESSENTIAL COMMODITIES ACT : S.3, S.7
INDIAN PENAL CODE : S.420
Headnote
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner based on the triability of the alleged offences by the First Class Magistrate, the previous grant of bail to the main accused, and the expected lengthy trial duration.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No. 91/2021, for offences under Sections 420 of the Indian Penal Code and Section 3/7 of the Essential Commodities Act, 1955.
Finding of the Court:
The Court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner based on the triability of the offences by the First Class Magistrate, the previous grant of bail to the main accused, and the expected lengthy trial duration.
Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 420 of the Indian Penal Code and Section 3/7 of the Essential Commodities Act, 1955.
Ratio Decidendi: The grant of bail was based on the triability of the alleged offences by the First Class Magistrate, the previous grant of bail to the main accused, and the expected lengthy trial duration.
Final Decision: The bail application of the accused-petitioner was allowed, and it was ordered that the petitioner shall be released on bail upon furnishing the specified bonds.
Pradeep Kumar Shah, Advocate, Shrawan Bishnoi, Advocate
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. 91/2021, Police Station Salumbar, District Udaipur, registered for the offences punishable under Sections 420 of the Indian Penal Code and Section 3/7 of the Essential Commodities act, 1955.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that the offences are triable by the Magistrate; that the benefit of bail has already been granted to the main accused Mahipal Jain by this Court vide order dated 14.03.2022 (Bail application No. 3518/2022); that as per the charge-sheet, investigation in regard to the present accused-petitioner has been completed but since the prosecution sanction has not been obtained from the competent authority, charge-sheet in regard to the accused-petitioner could not be filed; that the accused-petitioner is in judicial custody since the date of his arrest (07.02.2022); and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that the alleged offences are triable by the First Class Magistrate; that the benefit of bail has already been granted to the main accused Mahipal Jain, as referred above; and that the 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, Firoz ali S/o Liyakat ali, arrested in connection with F.I.R. No. 91/2021, Police Station Salumbar, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with two surety bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) 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.
