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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI, J.
Girdhar Singh, S/o. Khiv Singh @ Mag Singh - Petitioner
Versus
State Of Rajasthan, Through PP. - Respondent
S.B. Criminal Miscellaneous Bail Application No. 69 Of 2024 Connected With S.B. Criminal Miscellaneous Bail Application No. 14884 Of 2023, S.B. Criminal Miscellaneous Bail Application No. 14885 Of 2023, S.B. Criminal Miscellaneous Bail Application No. 14887 Of 2023, S.B. Criminal Miscellaneous Bail Application No. 15041 Of 2023, S.B. Criminal Miscellaneous Bail Application No. 15296 Of 2023, S.B. Criminal Miscellaneous Bail Application No. 16037 Of 2023, S.B. Criminal Miscellaneous Bail Application No. 16297 Of 2023, S.B. Criminal Miscellaneous Bail Application No. 12 Of 2024, S.B. Criminal Miscellaneous Bail Application No. 13 Of 2024, S.B. Criminal Miscellaneous Bail Application No. 18 Of 2024, S.B. Criminal Miscellaneous Bail Application No. 72 Of 2024, S.B. Criminal Miscellaneous Bail Application No. 90 Of 2024.
Decided On : 07-03-2024
BAIL - Criminal Procedure - Section 439 Cr.P.C. - Sections 406, 420, 409, 120-B of the IPC - Sections 41 and 41-A of the Cr.P.C. - AIR 2014 SC 2756; 1994 AIR 1349; AIR 2012 SC 830 - The court allowed the bail application under Section 439 Cr.P.C. and ordered the accused-petitioner to be enlarged on bail.
Fact of the Case:
The accused-petitioner filed a bail application under Section 439 Cr.P.C. contending that no case for the alleged offences is made out against him and his incarceration is not warranted. The Public Prosecutor opposed the bail application.
Finding of the Court:
The court found that the accused-petitioner had been behind bars for four years, had been acquitted in one case, and bailed out in 24 other cases. Considering the applicability of relevant sections of the Cr.P.C. and judgments passed by the Supreme Court, the court deemed it suitable to grant bail to the petitioner due to the high probability that the trial may take a long time to conclude.
Issues: The issues revolved around the alleged offences, the length of the petitioner's incarceration, and the applicability of relevant legal provisions and judgments.
Ratio Decidendi: The court's decision was influenced by the petitioner's prolonged incarceration, the nature of the alleged offences, and the applicability of Sections 41 and 41-A of the Cr.P.C. and relevant Supreme Court judgments.
Final Decision: The court allowed the bail application under Section 439 Cr.P.C. and ordered the accused-petitioner to be enlarged on bail upon furnishing a personal bond and sureties.
ORDER :
1. 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 | 273/2020 |
| 2. | Concerned Police Station | Gulabpura |
| 3. | District | Bhilwara |
| 4. | Offences alleged in the FIR (S.B. CRLMB No.69/2024) | Under Sections 406 and 420 of the IPC |
| 5. | Offences added, if any (S.B. Criminal Misc. Bail Application No.69/2024) | Under Section 409 of the IPC |
| 6. | Date of passing of impugned order (S.B. CRLMB No.69/2024) | 18.12.2023 |
| 7. | FIR Number | 177/2019 |
| 8. | Concerned Police Station | Shreekaranpur |
| 9. | District | Ganganagar |
| 10. | Offences alleged in the FIR (S.B. CRLMB No.14884/2023) | Under Sections 420 and 120-B of the IPC |
| 11. | Offences added, if any (S.B. Criminal Misc. Bail Application No.14884/2023) | Under Section 409 of the IPC |
| 12. | Date of passing of impugned order (S.B. CRLMB No.14884/2023) | 21.10.2023 |
| 13. | FIR Number | 470/2019 |
| 14. | Concerned Police Station | Kotwali Barmer |
| 15. | District | Barmer |
| 16. | Offences alleged in the FIR (S.B. CRLMB No.14885/2023) | Under Sections 420 and 406 of the IPC |
| 17. | Offences added, if any (S.B. Criminal Misc. Bail Application No.14885/2023) | Under Section 409 of the IPC |
| 18. | Date of passing of impugned order (S.B. CRLMB No.14885/2023) | 19.10.2023 |
| 13. | FIR Number | 302/2022 |
| 14. | Concerned Police Station | Kotwali, Barmer |
| 15. | District | Barmer |
| 16. | Offences alleged in the FIR (S.B. CRLMB No.14887/2023) | Under Sections 420, 406 and 120-B of the IPC |
| 17. | Offences added, if any (S.B. Criminal Misc. Bail Application No.14887/2023) | -- |
| 18. | Date of passing of impugned order (S.B. CRLMB No.14887/2023) | 19.10.2023 |
| 25. | FIR Number | 500/2019 |
| 26. | Concerned Police Station | Hiran Magri |
| 27. | District | Udaipur |
| 28. | Offences alleged in the FIR (S.B. CRLMB No.15041/2023) | Under Sections 420 and 406 of the IPC |
| 29. | Offences added, if any (S.B. Criminal Misc. Bail Application No.15041/2023) | Under Section 120-B of the IPC |
| 30. | Date of passing of impugned order (S.B. CRLMB No.15041/2023) | 15.09.2023 |
| 31. | FIR Number | 457/2019 |
| 32. | Concerned Police Station | Mahamandir |
| 33. | District | Jodhpur City East |
| 34. | Offences alleged in the FIR (S.B. CRLMB No.15296/2023) | Under Sections 406 and 420 of the IPC |
| 35. | Offences added, if any (S.B. Criminal Misc. Bail Application No.15296/2023) | Under Section 409 of the IPC |
| 36. | Date of passing of impugned order (S.B. CRLMB No.15296/2023) | 22.11.2023 |
| 37. | FIR Number | 517/2019 |
| 38. | Concerned Police Station | Pratap Nagar |
| 39. | District | Jodhpur City West |
| 40. | Offences alleged in the FIR (S.B. CRLMB No.16037/2023) | Under Sections 420 and 406 of the IPC |
| 41. | Offences added, if any (S.B. Criminal Misc. Bail Application No.16037/2023) | Under Section 409 of the IPC |
| 42. | Date of passing of impugned order (S.B. CRLMB No.16037/2023) | 18.11.2023 |
| 43. | FIR Number | 246/2019 |
| 44. | Concerned Police Station | Sangaria |
| 45. | District | Hanumangarh |
| 46. | Offences alleged in the FIR (S.B. CRLMB No.16297/2023) | Under Sections 420 and 406 of the IPC |
| 47. | Offences added, if any (S.B. Criminal Misc. Bail Application No.16297/2023) | Under Sections 409 and 120-B of the IPC |
| 48. | Date of passing of impugned order (S.B. CRLMB No.16297/2023) | 01.11.2023 |
| 49. | FIR Number | 271/2019 |
| 50. | Concerned Police Station | Marwar Junction |
| 51. | District | Pali |
| 52. | Offences alleged in the FIR (S.B. CRLMB No.12/2024) | Under Sections 420, 407, 408 and 120- |
The central legal point established in the judgment is the court's discretion to grant bail based on the nature of the alleged offences, the length of the petitioner's incarceration, and the applicab....
The court granted bail under Section 439 Cr.P.C. citing no fruitful purpose for further custody due to the civil nature of the dispute and previous bail granted in related matters.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The gravity of the charges, the interest of society, and the likelihood of the accused being available for trial are crucial factors in deciding bail applications.
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
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 principle of parity in bail applications allows for granting bail to an accused when co-accused have been granted bail under similar circumstances.
The court's decision to grant bail was based on the consideration of contentions, absence of a test identification parade, and opposition by the Public Prosecutor citing the petitioners' criminal ant....
Granting bail based on the circumstances and the precedent of similarly situated co-accused being enlarged on bail.
The court has the discretion to grant 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.
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