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PUSHPENDRA SINGH BHATI
Harendra @ Heera Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in FIR No.206/2017 Police Station Sardarpura, Jodhpur City West for the offences punishable under Sections 302/34 & 120-B of IPC and Section 3/25 of Arms Act. He has preferred this third bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner has pointed out that out of total 68 witnesses only 5 witness have been examined. He further submits that the petitioner is in custody for about five years and two months.
3. Learned counsel for the petitioner submits that similarly situated co-accused person, namely, Bhoma Ram has already been enlarged on bail.
4. Learned Public Prosecutor opposes the bail application.
5. Heard learned counsel for the parties as well as perused the material available on record.
6. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused person has been granted bail and conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
7. Accor
The decision to grant bail was based on the totality of the facts and circumstances, the limited examination of witnesses, and the lengthy period of custody, without expressing any opinion on the mer....
The delay in the conclusion of the proceedings and the bail granted to similarly situated co-accused persons are significant factors in considering a bail application.
Granting bail based on the totality of the facts and circumstances, the bail granted to similarly situated co-accused persons, and the likelihood of the proceedings taking time to conclude, without e....
Granting bail based on the totality of facts, similar bail granted to co-accused, filing of chargesheet, and the likelihood of prolonged proceedings.
The court may grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case, the absence of previous criminal antecedents, and the likelihood of prolon....
The court has the discretion to grant bail to accused persons under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.
Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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