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FARJAND ALI
Nirmal Singh Bhangu Son Of Gurdayal Singh – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
ORDER :
Farjand Ali, J.
1. The jurisdiction of this Court has been invoked by way of filing applications under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 16/2016 |
| 2. | Concerned Police Station | Jalupura |
| 3. | District | Jaipur (South) |
| 4. | Offences alleged in the FIR | Under Sections 420, 406 and 120-B of the IPC |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order in S.B. Criminal Miscellaneous Bail Application No. 6831/2022 | 26.04.2022 |
| 7. | Date of passing of impugned order in S.B. Criminal Miscellaneous Bail Application No. 1805/2024 | 22.01.2024 |
2. It is contended on behalf of the accused-petitioners that the offences alleged are triable by a Court of magistrate. 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 accused based o
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 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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