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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Rajunath – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14 of 2023
Decided On : 03-01-2023
Bail Application - Offences Triable by Magistrate - Grant of Bail under Section 439 Cr.P.C.
Fact of the Case:
The petitioners were arrested for offences punishable under Sections 454, 380 of IPC and sought bail under Section 439 Cr.P.C. as the trial was expected to take a long time.
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 application under Section 439 Cr.P.C.
Ratio Decidendi: Grant of bail under Section 439 Cr.P.C. based on the expectation of a lengthy trial and without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C. was 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 FIR No.31/2022 of Police Station Sam, District Jaisalmer, for the offence punishable under Sections 454, 380 of IPC. 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.
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) Champa Lal S/o Bhagwana Ram & (2) Kumbha Ram @ Kumpa Ram S/o Chutra Ram shall be released on bail in connection with FIR No.31/2022 of Police Station Sam, District Jaisalmer provided they execute personal bond in a sum of Rs.1,00,000/- each 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. based on the circumstances of the case, including the length of time the trial may take and the nature of the charges.
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.
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 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....
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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