Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1874

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Devendra Kachhawaha, J.
Manish Kumar - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 10416/2021
Decided On : 13-07-2021

Advocates appeared:
Mr. Nikhlesh Katara, Advocate, for the Petitioner; Mr. S.S. Ola, P.P, for the Respondent

Bail may be granted when the trial is expected to be lengthy and the offence is triable by a Magistrate, reflecting the court's discretion under Section 439 Cr.P.C.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail under Section 439 Cr.P.C. considering the nature of the offence, the filing of the charge-sheet, and the anticipated length of the trial, emphasizing the principle that bail may be granted when the trial is expected to be prolonged and the offence is triable by a Magistrate.]
Fact of the Case:

The petitioner, Manish Kumar, is in custody for offences under Section 379 IPC related to F.I.R. No.573/2015. The petitioner applied for bail, arguing that the trial would take a long time and that the offence is triable by a Magistrate.
Finding of the Court:

The court considered the arguments from both sides, noting the filing of the charge-sheet and the lengthy trial process. It decided to grant bail without commenting on the merits of the case.
Issues: Whether the petitioner is entitled to bail considering the nature of the charges and the duration of the trial.
Ratio Decidendi: The court held that the prolonged nature of the trial and the fact that the offence is triable by a Magistrate justified the granting of bail under Section 439 Cr.P.C.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

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.573/2015, Police Station Kotwali Dausa, District Dausa, for the offences punishable under Section 379 of the Indian Penal Code (rejection order passed for the offence punishable under Sections 411, 379 and 420 of the Indian Penal Code).

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 offence is triable by the Magistrate; charge-sheet has been filed and the trial will take long time. With these submissions, 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 ten other cases are registered against the accused-petitioner.

In reply, learned counsel for the petitioner stated that in some cases, accused-petitioner has been acquitted.

Having regard to the totality of facts and circumstances, particularly to the fact that offence is triable by the Magistrate; charge-sheet has been filed and that trial will take sufficiently long time, therefore, without expressing any opinion on merits/demerits 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 - Manish Kumar S/o Bhikha Ram @ Motiram, arrested in connection with F.I.R. No.573/2015, Police Station Kotwali Dausa, District Dausa, 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.

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