Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1868

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Devendra Kachhawaha, J.
Ishwar Choudhary - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 9473/2021
Decided On : 23-07-2021

Advocates appeared:
Mr. Pankaj Gupta, Advocate, for the Petitioner; Mr. Mangal Singh Saini, P.P, for the Respondent

The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, a charge-sheet has been filed, and the trial is expected to take a significant amount of time.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the nature of the offences, the fact that they are triable by a Magistrate, the filing of the charge-sheet, and the anticipated length of the trial. The court emphasized the importance of not expressing opinions on the merits of the case while acknowledging the petitioner's previous bail grants in similar cases.
Fact of the Case:

The petitioner, Ishwar Choudhary, is in custody for offences under Sections 420, 406, 467, 468, 471, and 120-B of the IPC, related to F.I.R. No.53/2021. The petitioner filed a bail application citing that the offences are triable by a Magistrate and that a charge-sheet has been filed, indicating a lengthy trial ahead.
Finding of the Court:

The court considered the totality of facts, including the nature of the offences, the filing of the charge-sheet, and the expected duration of the trial. It noted that similar cases had previously resulted in bail being granted.
Issues: Whether the petitioner is entitled to bail considering the nature of the offences and the circumstances surrounding the case.
Ratio Decidendi: The court held that the nature of the offences being triable by a Magistrate, along with the filing of the charge-sheet and the anticipated length of the trial, justified the granting of bail without delving into the merits of the case.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties as specified.

JUDGMENT

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.53/2021, Police Station Pratap Nagar, District Jaipur, for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of the Indian Penal Code (rejection order dated 27.05.2021 has been passed for the offences punishable under Sections 420 and 406 of the I.P.C.).

Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person. Perused the material available on record.

Learned counsel for the petitioner stated that offences are triable by the Magistrate; that in similar nature case, benefit of bail has been granted to the accused by this Court; charge-sheet has been filed and the trial will take long time. With these submis- sions, learned counsel for the petitioner prayed that benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that nine other cases of likewise nature have been registered against the accused- petitioner.

Having regard to the totality of facts and circumstances, par- ticularly to the fact that offences are triable by the Magistrate; charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion on merits/demer- its of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Ishwar Choudhary S/o Late Shri Bhagwan Das Choudhary, arrested in connection with F.I.R. No.53/2021, Police Station Pratap Nagar, District Jaipur, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- (Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

Click Here to Read the rest of this document