Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2566

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Suresh Kumar & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3253 of 2022
Decided On : 23-03-2022

Advocates appeared:
Suresh Kumbhat, Advocate, S.S. Rajpurohit, Advocate, Raghunath Bishnoi, Advocate

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 investigation and trial.

Headnote:
Bail Application - Offence under Indian Penal Code - The court granted bail to the accused-petitioners based on the nature of injuries, lack of other pending cases against the petitioners, and the expected duration of further investigation and trial.
Fact of the Case:

The accused-petitioners were in judicial custody for an offence under Sections 143, 323, 341, 342, 307 and 325 of the Indian Penal Code. The bail application was filed on the grounds that the injuries were not grievous, no other case was registered against the petitioners, and further investigation and trial would take time.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioners based on the nature of injuries, lack of other pending cases against the petitioners, and the expected duration of further investigation and trial.
Issues: The main issue was whether the accused-petitioners should be granted bail considering the nature of injuries, lack of other pending cases against them, and the expected duration of further investigation and trial.
Ratio Decidendi: The court decided to grant bail to the accused-petitioners based on the non-grievous nature of the injuries, absence of other pending cases against them, and the anticipated lengthy duration of further investigation and trial.
Final Decision: The bail application was allowed, and the accused-petitioners were ordered to be released on bail upon furnishing the required bonds.

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 on behalf of the complainant have vehemently and fervently opposed the bail application of the accused-petitioners and stated that three injuries caused to injured were found grievous in nature and as per prosecution, accused-petitioner Suresh was having axe in his hands.

5. In reply learned counsel for the petitioners stated that only lathi has been recovered from the petitioners.

6. Having regard to the facts and circumstances of the case, particularly looking to the facts that as per para 6 of the rejection order, injuries were caused on alna and radius bones of the hands of the injured and not on any vital part of the body; further investigation 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 petitioners deserves to be accepted.

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioners - (1) Suresh Kumar S/o Shri Shankara Ram (2) Shankara Ram S/o Shri Khema Ram and (3) Shiva Ram S/o Shri Khema Ram, all arrested in connection with C.R. No.19/2022, Police Station Sarwana, District Jalore, shall be released on bail, if not wanted in any other case; provided each of them 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.

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