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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Mohsim Ali @ Mohsin – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1593 of 2023
Decided On : 07-02-2023
Bail - Criminal Law - The court allowed the bail application filed under Section 439 of the Cr.P.C. for the petitioner arrested in connection with FIR No.233/2022, P.S. Sadar, Nagaur for the offences under Sections 457 and 380 IPC.
Fact of the Case:
The petitioner filed an application for bail under Section 439 of the Cr.P.C. in connection with FIR No.233/2022, Police Station Sadar, Nagaur for the offences under Sections 457 and 380 IPC.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, found that the bail application filed by the petitioner deserves to be accepted and allowed the bail application.
Issues: The issue was whether the petitioner should be enlarged on bail considering the triability of the offence by Magistrate and the length of the trial.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail to the petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the petitioner was ordered to be released on bail upon executing a personal bond and sureties to the satisfaction of the learned trial Court.
JUDGMENT
Kuldeep Mathur, J. - This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.233/2022, Police Station Sadar, Nagaur for the offences under Sections 457 and 380 IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.
3. Learned counsel for the petitioner submitted that the offence alleged against the petitioner is triable by Magistrate; petitioner is behind the bars and trial will take sufficiently long time. Therefore, the petitioner may be enlarged on bail.
4. Learned Public Prosecutor vehemently opposed this bail application.
5. Having regard to the facts and circumstances of the case and 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 filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Mohsim Ali @ Mohsin S/o Shri Munir Khan, arrested in connection with FIR No.233/2022, P.S. Sadar, Nagaur shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
The court may grant bail based on the consideration of the triability of the offence, the petitioner's custody, and the expected duration of the trial, without expressing any opinion on the merits of....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Grant of bail under Section 439 Cr.P.C. based on the triability of the alleged offence(s) by Magistrate.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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