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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Surendra @ Sonu & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14884 of 2022
Decided On : 14-12-2022
Bail Application - 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 various offences and applied for bail, claiming false implication and 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 application under Section 439 Cr.P.C.
Ratio Decidendi: Granting bail based on the totality of the facts and circumstances, without expressing opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C. is allowed, and the accused petitioners are directed to be released on bail upon fulfilling certain conditions.
JUDGMENT
Madan Gopal Vyas, J. - The petitioners have been arrested in connection with FIR No.188/2022 of Police Station Sahwa, District Churu for the offences punishable under Sections 308, 323, 341, 325, 143, 109 & 120B IPC. They have preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. The accused-petitioners are in judicial custody since long and the trial of the case will take long time to be concluded. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.
3. Learned Public Prosecutor has vehemently opposed the bail application and submitted that accused-petitioners are habitual offenders.
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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Surendra @ Sonu S/o Palaram, and (2) Khyaliram S/o Nandram shall be released on bail in connection with FIR No.188/2022 of Police Station Sahwa, District Churu 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.
Granting bail based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
The court may grant bail to the accused based on a compromise with the complainant and the likelihood of a lengthy trial, 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.
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. 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 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 totality of facts and circumstances, without expressing opinion on case merits.
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