Taru @ Sultan Mehrat vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2672

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Madan Gopal Vyas, J.
Taru @ Sultan Mehrat – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 14900 of 2022
Decided On : 14-12-2022

Advocates Appeared:
Shobha Prabhakar, Advocate, Anita Gehlot, Advocate

Headnote:
Bail Application - Criminal Law - The court granted bail to the accused petitioner under Section 439 Cr.P.C. without expressing any opinion on the merits of the case, considering the totality of the facts and circumstances.
Fact of the Case:

The petitioner was arrested for offences under Sections 457, 380, 401, and 34 of the IPC and filed a bail application under Section 439 Cr.P.C. claiming false implication and citing the bail granted to a co-accused.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances.
Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 457, 380, 401, and 34 of the IPC, opposition by the Public Prosecutor, and the accused petitioner's judicial custody since 24.08.2022.
Ratio Decidendi: Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances 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 petitioner was directed to be released on bail upon fulfilling the specified conditions.

JUDGMENT

Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.170/2022 of Police Station Rayla, District Bhilwara for the offences punishable under Sections 457, 380, 401 and 34 of the IPC. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that offences are triable by the Magistrate. It is also submitted that co-accused Ganeshnath has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 21.10.2022. The accused-petitioner is in judicial custody since 24.08.2022. Charge-sheet has been filed and the trial of the case will take long time to be concluded. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application.

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 petitioner 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 petitioner Taru @ Sultan Mehrat S/o Ghisu Mehrat shall be released on bail in connection with FIR No. 170/2022 of Police Station Rayla, District Bhilwara provided he 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 his 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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