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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Sharwan & Ors. – Appellants
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 221, 767 of 2022
Decided On : 03-02-2022
Bail Application - COVID-19 Pandemic - The court allowed the bail application considering the petitioner's incarceration since 14.12.2021, the absence of the petitioner at the time of the incident, and the lack of any pending or decided cases against the petitioner. The court also took into account the unprecedented situation of the country due to the COVID-19 pandemic, particularly the condition of jails, and deemed it just and proper to release the petitioner on bail.
Fact of the Case:
The petitioner filed a bail application under Section 439 of Cr.P.C. in connection with F.I.R. No. 206/2021, for the offence under Sections 341, 307, 327 of IPC and Sections 3/25, 5/25 and 27 of arms act. The petitioner was facing incarceration since 14.12.2021 and was not present at the time of the incident.
Finding of the Court:
The court allowed the bail application, considering the petitioner's incarceration, absence at the time of the incident, and the lack of pending or decided cases against the petitioner. The court also took into account the COVID-19 pandemic and the condition of jails, deeming it just and proper to release the petitioner on bail. Another bail application was dismissed as not pressed with the liberty to file a fresh bail application after the filing of the charge-sheet.
Issues: Bail application under Section 439 of Cr.P.C. in connection with F.I.R. No. 206/2021 for multiple offences.
Ratio Decidendi: The court considered the petitioner's incarceration, absence at the time of the incident, and the lack of pending or decided cases against the petitioner, along with the unprecedented situation of the country due to the COVID-19 pandemic, particularly the condition of jails, in allowing the bail application.
Final Decision: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties. Another bail application was dismissed as not pressed with the liberty to file a fresh bail application after the filing of the charge-sheet.
JUDGMENT
Vinit Kumar Mathur, J. - S.B. Criminal Misc. Bail application No. 767/2022
2. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
3. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 206/2021, Police Station Rajeev Gandhi Nagar, District Jodhpur for the offence under Sections 341, 307, 327 of IPC and Sections 3/25, 5/25 and 27 of arms act.
4. Heard learned counsel for the parties. Perused the material available on record.
5. Learned counsel for the petitioner submits that the petitioner is facing incarceration since 14.12.2021. He further submits that the petitioner was not present at the time of incident and no overt act is attributed to the present petitioner. There is no case of the like nature pending or decided against the petitioners. Therefore, it is prayed that the petitioner may be enlarged on bail.
6. Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.
7. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Sharwan S/o Hasti Mal Sen arrested in connection with F.I.R. No. 206/2021, Police Station Rajeev Gandhi Nagar, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties 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.
S.B. Criminal Misc. Bail application No. 221/2022
8. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
9. Learned counsel for the petitioner submits that he does not want to press the present bail application at this stage however, seeks liberty to file fresh bail application after filing of the charge-sheet.
10. accordingly, the present bail application is dismissed as not pressed with the liberty as prayed for.
The court considered the petitioner's incarceration, absence at the time of the incident, and the lack of pending or decided cases against the petitioner, along with the unprecedented situation of th....
The court may consider the unprecedented situation of the COVID-19 pandemic, particularly in the jails, as a justifiable ground for granting bail.
The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the unprecedented situation of the COVID-19 pandemic.
The court's decision to grant bail was influenced by the unprecedented situation of the COVID-19 pandemic and the impact on the situation of the jails, justifying the release of the petitioner on bai....
The court's decision to grant bail was influenced by the interpretation of Section 439 Cr.P.C. in light of the similarity of the case with the co-accused persons who had been enlarged on bail and the....
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
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