Back
FARJAND ALI
Tushar Jhanwar S/o Jugal Kishore – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
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 | 265/2023 |
| 2. | Concerned Police Station | Basani |
| 3. | District | Jodhpur City West |
| 4. | Offences alleged in the FIR | Under Sections 420, 406, 467, 468, 471, 474 and 120-B of the IPC |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 04.05.2024 |
2. 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. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. Learned counsel for the petitioner further submits that the co-accused Mahendra, Jugal, Naresh and Rahul have already been enlarged on bail by this Court. He further submits that case of the petitioner is not distinguishable with those of the case of the aforesaid co-accused who have al
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 ....
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.
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 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.
The main legal point established is that bail should be the rule and its denial the exception, especially when the principal offence alleged is a bailable one.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
