Back
DEVENDRA KACHHAWAHA
Suresh Kumar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with C.R. No.19/2022, Police Station Sarwana, District Jalore, registered for the offence punishable under Sections 143, 323, 341, 342, 307 and 325 of Indian Penal Code.
2. Heard and considered arguments advanced by learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.
3. Learned counsel for the petitioners stated that none of the injury is found to be grievous in nature on any vital part of the body or declared as dangerous to life; as per remand papers available at page No.12 of bail application, no other case is registered against the petitioners; petitioners are behind the bars since 18.02.2022; no investigation or recovery is pending against the petitioners; further investigation and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.
4. Per contra, learned Public Prosecutor and learned counsel appearing
The decision to grant bail was influenced by the non-grievous nature of the injuries, absence of other pending cases against the accused-petitioners, and the expected lengthy duration of further inve....
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 the severity of injuries and the duration of the trial are critical factors in determining the grant of bail under Section 439 Cr.P.C.
The central legal point established in the judgment is that the absence of injuries to vital body parts, non-life-threatening injuries, and the expected lengthy trial period can be considered in gran....
The court considered the cross-cases between the parties and granted bail without commenting on the merits of the case.
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.
Grant of bail based on injury report and circumstances of the case
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
