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.

Headnote:
Bail Application - Offences Triable by Magistrate - The court granted bail to the accused-petitioner, considering the triable nature of the offences and the expected lengthy duration of further investigation and trial.
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.53/2022, Police Station Rohat, District Pali, for offences punishable under Sections 454 and 380 of the Indian Penal Code.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner, Hiraram S/o Kuparam, considering the triable nature of the offences and the expected lengthy duration of further investigation and trial.
Issues: Bail application under Section 439 Cr.P.C. for offences punishable under Sections 454 and 380 of the Indian Penal Code.
Ratio Decidendi: The court considered the triable nature of the offences by the First Class Magistrate and the expected lengthy duration of further investigation and trial as grounds for granting bail to the petitioner.
Final Decision: The bail application of the accused-petitioner, Hiraram S/o Kuparam, was allowed, and he 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.53/2022, Police Station Rohat, District Pali, registered for the offence punishable under Sections 454 and 380 of the Indian Penal Code.

2. Heard and considered arguments advanced by 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 offences are triable by Magistrate; recovery of ornaments and money have been made from co-accused Mahendra Patel (juvenile convict); petitioner is behind the bars since 22.02.2022; no other case is registered against the petitioner; further investigation 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 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 offences are triable by the First Class Magistrate; 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 petitioner deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Hiraram S/o Kuparam, arrested in connection with F.I.R. No.53/2022, Police Station Rohat, District Pali, 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.

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