Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1028

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Matadin – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 281 of 2023
Decided On : 09-01-2023

Advocates Appeared:
Tirath Raj Singh Sodha, Advocate, Arun Kumar, Advocate

Granting of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Grant of Bail under Section 439 Cr.P.C. - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case and the likelihood of prolonged proceedings, without expressing any opinion on the merits of the case.
Fact of the Case:

The petitioner was arrested for various offences under the IPC and filed a bail application under Section 439 Cr.P.C. The petitioner cited the grant of bail to a co-accused by a coordinate Bench of the Court as a precedent.
Finding of the Court:

The Court, after hearing the parties and examining the available material, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C., without expressing any opinion on the merits of the case.
Issues: The main issue was whether the accused petitioner should be granted bail under Section 439 Cr.P.C. considering the circumstances of the case and the pendency of the proceedings.
Ratio Decidendi: The Court considered the totality of the facts and circumstances of the case, the likelihood of prolonged proceedings, and the precedent of granting bail to a co-accused in reaching the decision to grant bail to the accused petitioner under Section 439 Cr.P.C.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and it was directed that the accused petitioner shall be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in FIR No.323/222 Police Station Parbatsar District Nagaur for the offences punishable under Sections 143, 148, 149, 341, 323, 427, 307, 379 & 120-B of IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that similarly situated co-accused Vikash Kumar has already been granted bail vide order dated 04.01.2023 passed by a coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.24/2023.

Learned Public Prosecutor opposes the bail application.

3. Heard learned counsel for the parties as well as perused the material available on record.

4. Having regard to the totality of the facts and circumstances of the case as also the fact that 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.

5. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Matadin S/o Jhabar Singh shall be released on bail in connection with FIR No.323/222 Police Station Parbatsar District Nagaur provided he executes 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 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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