Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1062

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Santosh Devi & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 29 of 2023
Decided On : 04-01-2023

Advocates Appeared:
Rajak Khan Haidar, Advocate, Mohit Singh Choudhary, Advocate, Vikram Sharma, Advocate

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.

Headnote:
Bail Application - Offence under Sections 420, 120B IPC - The court granted bail to the accused petitioners under Section 439 Cr.P.C.
Fact of the Case:

The petitioners were arrested for the offence punishable under Sections 420, 120B IPC and filed a bail application under Section 439 Cr.P.C. The Public Prosecutor opposed the bail application.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioners should be granted bail in connection with the FIR.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and decided to grant bail to the accused petitioners.
Final Decision: The bail application filed under Sec.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 petitioners have been arrested in connection with F.I.R. No.0636/2022 of Police Station Rawatsar, District Hanumangarh for the offence punishable under Sections 420, 120B IPC. They have preferred this bail application under Section 439 Cr.P.C.

2. Counsel for the petitioners submits that the offences are triable by the Magistrate and 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 has opposed the bail application. 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Santosh Devi W/o Deepak & (2) Balu Devi W/o Mohanlal, shall be released on bail in connection with FIR No.0636/2022 of Police Station Rawatsar, District Hanumangarh 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.

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