Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Devat Ram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1124 of 2023
Decided On : 07-02-2023
Bail Application - Criminal Procedure Code - The court dismissed the bail application filed by the petitioner under Section 439 Cr.P.C. as not pressed at this stage, granting liberty to file a fresh bail application after supplementary charge-sheet or Investigating Officer's statement are recorded.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C., which was not pressed at this stage, seeking liberty to file a fresh bail application after certain developments in the case.
Finding of the Court:
The court dismissed the bail application as not pressed at this stage, granting liberty to file a fresh bail application after certain developments in the case.
Issues: The main issue was the dismissal of the bail application filed by the petitioner and the grant of liberty to file a fresh bail application after certain developments in the case.
Ratio Decidendi: The court's decision was influenced by the petitioner's request to not press the bail application at this stage and seek liberty to file a fresh bail application after certain developments in the case.
Final Decision: The court dismissed the bail application as not pressed at this stage, granting liberty to file a fresh bail application after certain developments in the case.
JUDGMENT
Kuldeep Mathur, J. - Learned counsel for the petitioner does not want to press the bail application filed by the petitioner under Section 439 Cr.P.C. at this stage. However he seeks liberty to file a fresh bail application after supplementary charge-sheet, if any, is filed/statement of Investigating Officer are recorded, before the competent criminal court.
2. In view of aforesaid, the instant bail application filed by the petitioner is dismissed as not pressed at this stage with liberty as prayed for.
The court has the discretion to dismiss a bail application if not pressed at a certain stage, while granting liberty to file a fresh bail application after certain developments in the case.
The court emphasized the importance of demonstrating a change in circumstances when filing successive bail applications.
Recording the statement of the prosecutrix is crucial in considering bail applications and appeals.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
A petitioner may withdraw a bail application if a charge sheet has been filed.
Bail application dismissed on petitioner's withdrawal request.
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.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
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
