Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Devendra Kachhawaha, J.
Mahendra Kumar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Bail Application No. 588 of 2022
Decided On : 03-03-2022
Bail Application - Offence Triable by Magistrate - The court granted bail to the accused-petitioner based on the fact that the offence is triable by the First Class Magistrate, and considering that all the other cases previously registered against the accused-petitioner are also triable by the First Class Magistrate. The court emphasized that further investigation and trial would take a sufficiently long time, and without expressing any opinion on the merits/demerits of the case, granted the bail application.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.387/2021, Police Station Bhinmal, District Jalore, registered for the offence punishable under Section 379 of the Indian Penal Code.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted the bail application based on the triability of the offence by the First Class Magistrate and the time it would take for further investigation and trial.
Issues: Bail application under Section 439 Cr.P.C. for an offence punishable under Section 379 of the Indian Penal Code.
Ratio Decidendi: The court granted bail based on the triability of the offence by the First Class Magistrate and the time it would take for further investigation and trial.
Final Decision: The bail application is allowed, and the accused-petitioner, Mahendra Kumar S/o Sh. Narpat Ram @ Naparam, arrested in connection with F.I.R. No.387/2021, Police Station Bhinmal, District Jalore, shall be released on bail, provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each.
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.387/2021, Police Station Bhinmal, District Jalore, registered for the offence punishable under Section 379 of the Indian Penal Code.
2. Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that offence is triable by Magistrate; no investigation or recovery is pending against the petitioner; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that seven other cases have been registered against the accused-petitioner out of which five cases are of identical nature.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that offence is triable by the First Class Magistrate; all the other cases previously registered against the accused-petitioner are also triable by the First Class Magistrate; 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 petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Mahendra Kumar S/o Sh. Narpat Ram @ Naparam, arrested in connection with F.I.R. No.387/2021, Police Station Bhinmal, District Jalore, shall be released on bail, if not wanted in any other case; provided he 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 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 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 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.
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 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 central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
Bail may be granted when the trial is expected to be lengthy and the offence is triable by a Magistrate, reflecting the court's discretion under Section 439 Cr.P.C.
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
