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DEVENDRA KACHHAWAHA
Jagdish – Appellant
Versus
State – Respondent
JUDGMENT
Devendra Kachhawaha, J. - In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.
2. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.10/2021, Police Station Sanderao, Dist. Pali for the offences punishable under Sections 353, 307/34 I.P.C. & Section 3/25 of the arms act.
3. Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present in person. Perused the material available on record.
4. It is submitted by learned counsel for the petitioner that there is allegation of firing shots in air against the accused- petitioner; accused-petitioner is behind the bars since 11.02.2021; charge-sheet has been filed; and trial will take time; therefore, it is prayed that the petitioner may be enlarged on bail.
5. Per contra, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that earlier six other cases are registered against the accused-petitioner.
6. Having regard to
The court considered the prolonged custody, absence of injury, and expected lengthy trial period in allowing the bail application.
The court considered the circumstances, including the absence of grievous injuries and the compromise between the parties, in granting bail to the petitioner.
The court considered the circumstances of the case, including the nature of the offense, the petitioner's time in custody, and the expected trial duration, in granting bail.
The court's decision to grant bail was influenced by the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial d....
The court considered the circumstances of the case and the time spent in custody as key factors in granting bail to the accused-petitioners.
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
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 may consider the impact of the COVID-19 pandemic and the prolonged trial period in deciding bail applications.
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