Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1033

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Kailash – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 331 of 2023
Decided On : 09-01-2023

Advocates Appeared:
Jaipal Singh, Advocate, Vikram Sharma, Advocate, Deependra Singh Shekhawat, Advocate

Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.

Headnote:
Bail Application - Compromise between Parties - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the compromise between the parties 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 offences under Sections 458, 327, 307, 34 of IPC in connection with FIR No. 185/2022. A compromise was reached between the parties.
Finding of the Court:

The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the compromise between the parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: Grant of bail based on compromise between parties and the likelihood of prolonged proceedings without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the petitioner is directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in connection with FIR No. 185/2022 of Police Station Karoi, District Bhilwara for the offences punishable under Sections 458, 327, 307, 34 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsels for the parties jointly submit that a compromise has arrived at between the parties.

Learned Public Prosecutor opposes the bail application.

3. In the given factual matrix and since learned counsel for the complainant prays for grant of bail of the petitioner and 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 petitioners under Section 439 Cr.P.C.

4. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kailash S/o Shri Chhitar Jat shall be released on bail in connection with FIR No. 185/2022 of Police Station Karoi, District Bhilwara 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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