Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Jagdish – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous II Bail Application No. 2999 of 2022
Decided On : 07-03-2022
Bail - Criminal Procedure Code - Enlargement of bail granted due to peculiar circumstances prevailing in the country due to the pandemic of COVID-19
Fact of the Case:
The petitioner filed a second bail application under Section 439 Cr.P.C. after the rejection of the first bail application. The charge sheet in the case has been filed, and the parties have entered into a compromise. The petitioner sought bail due to the anticipated lengthy trial duration.
Finding of the Court:
The Court, considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, granted bail to the petitioner, emphasizing the need for bail due to the anticipated lengthy trial duration and the compromise between the parties.
Issues: Enlargement of bail under Section 439 Cr.P.C. due to the pandemic of COVID-19 and the anticipated lengthy trial duration
Ratio Decidendi: The Court's decision to grant bail was influenced by the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, the anticipated lengthy trial duration, and the compromise between the parties.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail with specific conditions.
JUDGMENT
Vinit Kumar Mathur, J. - The present second 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.92/2021, Police Station Mundwa, District Nagour, for the offences under Sections 341, 323, 384, 427 and 504 of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. It is submitted by learned counsel for the petitioner that after rejection of the first bail application on 13/01/2022, the charge sheet in the case has been filed. Learned counsel for the petitioner submits that parties have also entered into a compromise. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail.
5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and also considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jagdish @ Jaggu S/o Sh. Gunaram arrested in connection with F.I.R. No. 92/2021, Police Station Mundwa, District Nagour 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.
6. However, it is made clear that after the enlargement on bail in this case, if the petitioner is found involved in any other criminal case, then no leniency will be extended to the petitioner in future. Record of this condition and the antecedents of the petitioner will be maintained by the concerned Police Station of the area where the petitioner resides.
7. a copy of this order be sent to the local police station where the petitioner resides.
8. It is also ordered that the petitioner will mark his attendance in the local police station of the area of his permanent residence in every three months.
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.
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 Court considered the similarity of the petitioner's case to the co-accused who had been enlarged on bail and the exceptional circumstances due to the COVID-19 pandemic in granting bail under Sect....
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 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 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 court's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
Grant of bail under Section 439 Cr.P.C. in light of the COVID-19 pandemic and the expected lengthy trial duration.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
