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FARJAND ALI
Dharmendra Panwar S/o Shri Kune Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Despite service, no one has appeared on behalf of the victim.
2. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein-below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 280/2022 |
| 2. | Concerned Police Station | Mata Ka Than |
| 3. | District | Jodhpur City East |
| 4. | Offences alleged in the FIR | Under Section 420 of IPC |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 29.08.2023 |
3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. The matter is of civil nature which has arisen due to non-fulfillment of commercial obligations and does not attract criminal liabilities. It is further contended that none of the ingredients of the offences contained under Sections 420, 406 and 120B of IPC are made out against the petitioner from the allegations levelled in the FIR. There
The judgment establishes that in cases triable by Magistrates, the discretion to grant bail should be exercised liberally, emphasizing the presumption of innocence.
The judgment establishes that in cases triable by Magistrates, the discretion to grant bail should be exercised liberally, emphasizing the presumption of innocence.
The court affirmed that in cases triable by Magistrates, the discretion to grant bail should be exercised liberally, emphasizing the presumption of innocence and the importance of not prolonging dete....
In cases involving offences triable by a Magistrate, the court should adopt a liberal approach towards granting bail, particularly when the accused has been in custody for an extended period without ....
Even if the accused is a habitual offender, recidivism does not automatically negate the right to bail, especially for minor offenses. The presumption of innocence must be upheld.
The main legal point established in the judgment is that an accused is not entitled to statutory bail under Section 437(6) Cr.P.C. as a matter of right, and the provision does not confer an indefeasi....
The right to be released on bail under Section 437(6) of the Code is not absolute but subject to the discretion of the Magistrate, to be exercised in exceptional cases.
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