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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Shaffi Mohammed & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 26, 28 of 2023
Decided On : 04-01-2023
Bail - Criminal Law - The court granted bail to the accused petitioners under Section 439 Cr.P.C.
Fact of the Case:
The petitioners were arrested for offences under Sections 420, 467, 468, 471, 120B IPC and sought bail due to the expected lengthy trial.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners considering the totality of the facts and circumstances.
Issues: Bail applications under Section 439 Cr.P.C.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. based on the totality of the facts and circumstances.
Final Decision: Both bail applications were allowed, and the accused petitioners were directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - The petitioners have been arrested in connection with F.I.R. No.533/2022 of Police Station Udaimandir, District Jodhpur for the offence punishable under Sections 420, 467, 468, 471, 120B IPC. They have preferred these two separate bail applications under Section 439 Cr.P.C.
2. Counsel for the petitioners submits that the offences are triable by the Magistrate. The accused-petitioners are in judicial custody 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.
3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail applications.
4. 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.
5. Accordingly, both the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Shaffi Mohammed S/o Alladin & (2) Mohammed Farukh S/o Anwar, shall be released on bail in connection with FIR No.533/2022 of Police Station Udaimandir, District Jodhpur provided each of them executes 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 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.
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....
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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.
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