Prem vs State - 2022 Supreme(Raj) 1395

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1395

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Prem – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2803 of 2022
Decided On : 22-03-2022

Advocates appeared:
Rishabh Handa, Advocate, Anita Gehlot, Advocate

Headnote:
Bail - Criminal Law - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. for the offences punishable under Sections 420, 406 of I.P.C. without commenting on the merits of the case, deeming it just and proper to release the petitioner on bail.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for offences punishable under Sections 420, 406 of I.P.C. and argued that the offences alleged are triable by Magistrate and that a similarly situated co-accused has already been granted bail.
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, considering the facts and circumstances of the case.
Issues: The issues involved in the case were the grant of bail to the accused-petitioner for the offences alleged under Sections 420, 406 of I.P.C.
Ratio Decidendi: The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, 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 to the satisfaction of the learned trial Judge.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 71/2022, Police Station Kotwali, Nagaur, for the offences punishable under Sections 420, 406 of I.P.C.

2. Learned counsel for the petitioner submits that the offences alleged to have been committed by the petitioner are triable by Magistrate. He further submits that similarly situated co-accused Ramchandra @ Ramesh has already been enlarged on bail by this Hon'ble Court and the case of present petitioner is not distinguishable from that of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has 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 Prem S/o Mota Ram shall be enlarged on bail in F.I.R. No. 71/2022, Police Station Kotwali, Nagaur, provided he 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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