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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Samu Devi – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1448 of 2023
Decided On : 04-02-2023
Bail - Rajasthan Excise Act - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the trial's expected duration and the fact that the alleged offence is triable by a Magistrate.
Fact of the Case:
The petitioner filed for bail under Section 439 Cr.P.C. after being arrested for an offence under the Rajasthan Excise Act.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused-petitioner based on the expected trial duration and the triability of the offence by a Magistrate.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The expected trial duration and the triability of the offence by a Magistrate influenced the court's decision to grant bail to the accused-petitioner.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon fulfilling certain conditions.
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.11/2023, registered at Police Station RICCO, Abu Road, District Sirohi, for offence punishable under Section 19/54 Rajasthan Excise Act.
2. Learned counsel for the petitioner submits that offence alleged to have been committed by the petitioner is triable by Magistrate. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
4. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Samu Devi W/o Sh. Biram Ram arrested in connection with F.I.R. No.11/2023, registered at Police Station RICCO, Abu Road, District Sirohi, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for her appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
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 court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
Granting bail based on the alleged offence(s) being triable by Magistrate and without expressing any opinion on the merits of the case.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. 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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