Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1918

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Rakesh @ Peeja & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 873 of 2022
Decided On : 03-02-2022

Advocates appeared:
J.S. Choudhary, Advocate, Pradeep Choudhary, Advocate, Shrawan Bishnoi, Advocate

The court may consider the unprecedented situation of the COVID-19 pandemic, particularly in the jails, as a justifiable ground for granting bail.

Headnote:
Bail Application - COVID-19 Pandemic - The court allowed the bail application under Section 439 of Cr.P.C. due to the unprecedented situation of the COVID-19 pandemic, deeming it just and proper to release the petitioners on bail.
Fact of the Case:

The petitioners filed a bail application under Section 439 of Cr.P.C. as they were in custody for offences under various sections of IPC and the MMDR act.
Finding of the Court:

The court, considering the peculiar facts and circumstances of the case and the present situation of the country due to the pandemic, allowed the bail application and ordered the release of the accused-petitioners on bail.
Issues: Bail application under Section 439 of Cr.P.C. in connection with multiple offences.
Ratio Decidendi: The court deemed it just and proper to release the petitioners on bail in view of the unprecedented situation of the COVID-19 pandemic, particularly in the jails.
Final Decision: The bail application filed under Section 439 of Cr.P.C. was allowed, and the accused-petitioners were ordered to be released on bail.

JUDGMENT

Vinit Kumar Mathur, J. - 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).

2. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.(C.R.) No.09/2022, Police Station Banar (Jodhpur Commissionerate) for the offence under Sections 307, 353, 279, 336, 283, 379 and 120B of IPC and Section 4/21 of MMDR act.

Heard learned counsel for the parties. Perused the material available on record.

3. Learned counsel for the petitioners submits that the petitioners are facing incarceration for almost a month. There is no case of the like nature pending or decided against the petitioners. He further submits that no injury has been sustained by anybody in the present incident. Therefore, it is prayed that the petitioners may be enlarged on bail.

4. 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 petitioners on bail.

5. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioners - (1) Rakesh @ Peeja S/o Sahi Ram (2) Pukha Ram @ Pukhraj S/o Mangi Lal (3) Ravindra S/o Daula Ram arrested in connection with F.I.R.(C.R.) No.09/2022, Police Station Banar (Jodhpur Commissionerate) shall be released on bail provided each of them 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.

6. However, it is made clear that if the petitioners are found involved in any other case of like nature after his release from judicial custody, no leniency will be extended in his case.

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