Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 999

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vijay Bishnoi, J.
Mohammed Ishak – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 454 of 2023
Decided On : 12-01-2023

Advocates Appeared:
Rajak Khan Haidar, Advocate, Vikram Sharma, Advocate, Surender Choudhary, Advocate

Grant of bail under Section 439 Cr.P.C. based on the triability of the alleged offence(s) by Magistrate.

Headnote:
Bail - Offence Triable by Magistrate - Grant of Bail under Section 439 Cr.P.C.
Fact of the Case:

The petitioner(s) has/have been arrested for offences under Section(s) 420, 467, 468, 471, 120-B and 447 of I.P.C. and filed bail application(s) under Section 439 Cr.P.C.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner(s) considering that the alleged offence(s) is/are triable by Magistrate.
Issues: Bail application(s) under Section 439 Cr.P.C.
Ratio Decidendi: Grant of bail to the accused petitioner(s) under Section 439 Cr.P.C. due to the triability of the alleged offence(s) by Magistrate.
Final Decision: The bail application(s) filed under Section 439 Cr.P.C. is/are allowed, and the accused petitioner(s) shall be released on bail upon fulfilling the specified conditions.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record.

2. The petitioner(s) has/have been arrested in FIR No.283/2022 of P.S. Kotwali Nagaur, District Nagaur for the offence(s) punishable under Section(s) 420, 467, 468, 471, 120-B and 447 of I.P.C. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/ are triable by Magistrate.

4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Mohammed Ishak S/o Mohammed Ismail shall be released on bail in connection with FIR No.283/2022 of P.S. Kotwali Nagaur, District Nagaur provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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