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VINIT KUMAR MATHUR
Pinu Pandit – Appellant
Versus
State – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.284/2021, Police Station Sardarpura, District Jodhpur for the offence punishable under Section 392/34 of IPC.
2. The first bail application of the petitioner was dismissed on 17/01/2022 by this Court.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
4. It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the charge-sheet in the case has been filed. The offences are triable by Magistrate. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
5. Learned Public Prosecutor opposes the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is di
Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
The peculiar circumstances prevailing in the country due to the pandemic of COVID-19 influenced the Court's decision to grant bail under Section 439 Cr.P.C.
The court's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
The principle of parity in bail applications mandates that similarly situated accused persons should be treated equally, particularly when the prosecution fails to distinguish their cases.
The decision highlighted the principle of granting bail based on the similarity of the case with a co-accused who had been enlarged on bail, and the importance of considering the facts and circumstan....
The court has the discretion to grant bail based on the circumstances of the case, including the stage of the trial and the likelihood of a prolonged trial.
The main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
The court's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail and the absence of recovery of contraband from the petitioner's possession, ....
The decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband and the absence of crucial evidence, as well as the absence of pending or decide....
The court's decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.
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