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2023 Supreme(Raj) 944
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Prince Soni – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 554 of 2023
Decided On : 27-01-2023
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
INDIAN PENAL CODE : S.408
Headnote
Bail - Offences Punishable under Section 408 IPC - The court granted bail to the accused petitioner based on the consideration of the triability of the offence by a Magistrate, the petitioner's judicial custody, and the expected duration of the trial.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. after being arrested for offences punishable under Section 408 IPC.
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 consideration of the facts and circumstances of the case.
Issues: The issue was whether the accused petitioner should be granted bail despite opposition from the learned Public Prosecutor.
Ratio Decidendi: The court considered the triability of the offence by a Magistrate, the petitioner's judicial custody, and the expected duration of the trial in granting bail to the accused petitioner.
Final Decision: The bail application filed by the petitioner was allowed, and the accused petitioner was ordered to be enlarged on bail upon fulfilling certain conditions.
Lalit Solanki, Advocate, Anita Gehlot, Advocate
JUDGMENT
Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who have been arrested in connection with FIR No.267/2022, registered at Police Station Kotwali, Ganganagar District Sri Ganganagar for offences punishable under Section 408 IPC.
2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submitted 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 may be granted to the accused petitioner.
4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
5. 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.
6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Prince Soni S/o Surendra Singh arrested in connection with FIR No.267/2022, registered at Police Station Kotwali, Ganganagar District Sri Ganganagar shall be enlarged on bail, if not wanted in any other case, provided he 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 his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.
