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DEVENDRA KACHHAWAHA
Jaspal Singh – Appellant
Versus
State Of Rajasthan – Respondent
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 th
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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