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MANOJ KUMAR GARG
Mahaveer Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The petitioners have been arrested in connection with FIR No.434/2022 of Police Station Bichiwara, District Dungarpur, for the offence punishable under Sections 19/54, 57 of Rajasthan Excise Act. They have preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that offences are triable by 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.
Learned Public Prosecutor has 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 Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Mahaveer Singh S/o Laxman Singh & (2) Goverdhan S/o Ven Singh, shall be released on bail in connection with FIR No.434/2022 of Police Station Bichiwara, District Dungarpur provided they execute personal bond in a sum of
The court has the discretion to grant 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.
Granting bail based on the totality of the facts and circumstances, without expressing opinion on the merits of the case.
The court established that bail can be granted under Section 439 Cr.P.C. based on the circumstances of the case, including the length of time the trial may take and the nature of the charges.
Granting bail based on the alleged offence(s) being triable by Magistrate and without expressing any opinion on the merits of the case.
The key legal principle established is that the triability of the alleged offence(s) by a Magistrate is a significant factor in considering the grant of bail under Section 439 Cr.P.C.
The court's decision to grant bail was based on the comparison with the bail granted to a co-accused and the overall facts and circumstances of the case.
The court has the discretion to grant bail 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 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 totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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