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FARJAND ALI
Mahendra Kumar S/o Lacha Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing these bail applications under Section 439 CrPC 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 | Basni |
| 3. | District | Jodhpur City West |
| 4. | Offences alleged in the FIR | Sections 420, 406, 467, 468, 471, 474 & 120-B of the IPC |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order (SBCRLMB No.3666/2024) | 20.03.2024 |
| 6-A | Date of passing of impugned order (SBCRLMB No.14478/2023) | 21.10.2023 |
| 6-B | Date of passing of impugned order (SBCRLMB No.15197/2023) | 24.11.2023 |
| 6-C | Date of passing of impugned order (SBCRLMB No.15198/2023) | 24.11.2023 |
2. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their 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-petitioners and they have been made an accused based on conjectures and surmise
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 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....
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 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.
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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