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2023 Supreme(Raj) 909
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Kehar Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1614 of 2023
Decided On : 07-02-2023
Vijay Kumar Gaur, Advocate, Anita Gehlot, Advocate
The main legal point established in the judgment is that bail can be granted based on the length of the trial and without expressing any opinion on the merits/demerits of the case.
Headnote:
BAIL - Section 439 of the Cr.P.C. - Rajasthan Excise Act - The court granted bail to the petitioner based on the length of the trial and without expressing any opinion on the merits/demerits of the case.
Fact of the Case:
The petitioner filed an application for bail under Section 439 of the Cr.P.C. in connection with an offence under Section 19/54 of the Rajasthan Excise Act.
Finding of the Court:
The court, without expressing any opinion on the merits/demerits of the case, granted bail to the petitioner based on the length of the trial.
Issues: The issue was whether the petitioner should be granted bail considering the length of the trial and without expressing any opinion on the merits/demerits of the case.
Ratio Decidendi: The court considered the length of the trial and the fact that the offence alleged against the petitioner is triable by Magistrate in granting bail.
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.
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.100/2022, Police Station Excise Centre, Anupgarh for the offence under Section 19/54 of the Rajasthan Excise Act.
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 Kehar Singh S/o Shri Khajan Singh, arrested in connection with FIR No.100/2022, P.S. Excise Centre, Anupgarh, Sriganganagar 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.
