Irfan Multani vs State of Rajasthan - 2023 Supreme(Raj) 945

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 945

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Irfan Multani – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 474 of 2023
Decided On : 27-01-2023

Advocates Appeared:
Gulam Moinuddin, Advocate, Anita Gehlot, Advocate

Headnote:
Bail - Offences under Sections 341, 323, 354 and 354D IPC - Court grants bail to accused petitioner
Fact of the Case:

The petitioner filed for bail under Section 439 Cr.P.C. for offences under Sections 341, 323, 354 and 354D IPC.
Finding of the Court:

The court, without expressing any opinion on merits/demerits of the case, granted bail to the accused petitioner considering the trial duration and the fact that the offences are triable by Magistrate.
Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 341, 323, 354 and 354D IPC.
Ratio Decidendi: The court considered the trial duration and the nature of the offences, and without expressing any opinion on merits/demerits of the case, granted 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 furnishing the specified personal bond and sureties.

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.679/2022, registered at Police Station Subhash Nagar, District Bhilwara for offences punishable under Sections 341, 323, 354 and 354D 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 offences alleged to have been committed by the petitioner are 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 Irfan Multani S/o Mohammad Umar arrested in connection with FIR No.679/2022, registered at Police Station Subhash Nagar, District Bhilwara 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.

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