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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Sunil & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 133 of 2023
Decided On : 06-01-2023
Bail - Criminal Law - The court granted bail to the accused petitioners under Section 439 Cr.P.C.
Fact of the Case:
The petitioners filed a bail application seeking regular bail for offences under Sections 457, 380, and 427 of IPC. The counsel for the petitioners argued that the offences alleged are triable by Magistrate and the trial will take a long time to conclude.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners under Section 439 Cr.P.C.
Issues: The main issue was whether bail should be granted to the accused petitioners considering the nature of the offences and the time it would take for the trial to conclude.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to grant bail to the accused petitioners.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and it was directed that the petitioners shall be released on bail upon fulfilling certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - The instant bail application has been filed by the petitioners under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 662/2022 registered at Police Station Rawatsar, District Hanumangarh for the offences punishable under Sections 457, 380 and 427 of IPC.
2. Counsel for the petitioners submits that the offences alleged against the petitioner are triable by Magistrate. The accused-petitioners are behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
Learned Public Prosecutor has vehemently opposed the bail application.
3. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
4. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Sunil S/o Sh. Rajkumar; and (2) Vicky S/o Sh. Khetaram shall be released on bail in connection with FIR No. 662/2022 registered at Police Station Rawatsar, District Hanumangarh provided each of them execute a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for 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.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is likely to be prolonged, and the accused is not a flight risk.
The court has the discretion to grant bail to the accused based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail under Section 439 Cr.P.C. based on the nature of the offences and the time required for trial.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the expected lengthy trial duration.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
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