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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Jaspal Singh & Ors. – Appellants
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2491 of 2022
Decided On : 05-03-2022
Bail Application - Offences Triable by Magistrate - Compromise between Parties - Grant of Bail
Fact of the Case:
The accused-petitioners filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.371/2021, for offences punishable under various sections of the Indian Penal Code and the arms act. The petitioners stated that the offences are triable by Magistrate, no pending investigation or recovery against them, and a compromise has taken place between the parties.
Finding of the Court:
The Court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioners considering the facts that the offences are triable by the First Class Magistrate, a compromise has taken place between the parties, and further investigation and trial will take sufficiently long time.
Issues: The issues involved were the grant of bail to the accused-petitioners who were in judicial custody for multiple offences, and the opposition by the Public Prosecutor based on the number of cases registered against the accused-petitioners.
Ratio Decidendi: The Court's decision was influenced by the facts that the offences were triable by the First Class Magistrate, a compromise had taken place between the parties, and further investigation and trial would take a long time.
Final Decision: The bail application was allowed, and the accused-petitioners were ordered to be released on bail upon furnishing the specified bonds to the satisfaction of the learned trial court.
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.371/2021, Police Station Hanumangarh Town, District Hanumangarh, registered for the offence punishable under Sections 382, 384, 327, 323 and 34 of the Indian Penal Code and Secton 27 of the arms act.
2. Heard and considered arguments advanced by learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the material available on record.
3. Learned counsel for the petitioners stated that offences are triable by Magistrate; accused-petitioners are behind the bars since 04.02.2022; no investigation or recovery is pending against the petitioners; while submitting certified copy of document of compromise, learned counsel for the petitioner stated that compromise has taken place between the parties; further investigation and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioners and stated that twenty other cases have been registered against the accused-petitioner, Jaspal Singh @ Bittu and three other cases have been registered against the accused-petitioner, Diwakar.
5. Learned counsel appearing on behalf of the complainant stated that factum of compromise has been verified by him.
6. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by the First Class Magistrate; compromise has taken place between the parties; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
7. Consequently, the bail application is allowed. It is ordered that the accused-petitioners, (1) Jaspal Singh @ Bittu S/o Surjeet Singh and (2) both arrested in connection with F.I.R. No.371/2021, Police Station Hanumangarh Town, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- 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.
The Court considered the triability of the offences, the existence of a compromise between the parties, and the time required for further investigation and trial in granting bail to the accused-petit....
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court considered the triable nature of the offences and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial as key factors in granting bail to the accused-petitioner.
The court's decision on the bail applications was influenced by the nature of the offences, the pendency of cases, and the likelihood of prolonged further investigation and trial.
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
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