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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Devendra Kachhawaha, J.
Sunil Kumar Soni - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 8264/2021
Decided On : 08-07-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioner, who was in custody for offences under Sections 420 and 406 IPC, citing the long duration of custody, similarity to a previously granted bail case, and the ongoing pandemic affecting trial proceedings. The court emphasized the importance of not expressing opinions on the merits of the case while considering the totality of circumstances.
Fact of the Case:
The petitioner, Sunil Kumar Soni, was in custody since March 2, 2021, in connection with F.I.R. No.25/2021 for offences under Sections 420 and 406 IPC. The charge-sheet was filed in April 2021, but the petitioner could not obtain it due to the Covid-19 pandemic. He claimed wrongful implication and cited a similar case where bail was granted.
Finding of the Court:
The court considered the totality of facts, including the long duration of custody and the precedent of granting bail in similar cases. It noted the impact of the pandemic on trial proceedings and decided to grant bail without commenting on the merits of the case.
Issues: Whether the petitioner is entitled to bail considering the circumstances of the case, including the duration of custody and the nature of the offences.
Ratio Decidendi: The court held that the grant of bail is justified in light of the totality of circumstances, including the precedent of similar cases and the delays caused by the pandemic, emphasizing that the merits of the case should not influence the bail decision.
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.25/2021, Police Station Gandhi Nagar, District Jaipur, for the offences punishable under Sections 420 and 406 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 offences are triable by the Magistrate; charge-sheet has been filed in April, 2021 but due to Covid-19 pandemic, charge-sheet cannot be obtained from the Trial Court; accused-petitioner has wrongly been implicated; accused-petitioner is behind the bars since 02.03.2021; there is dispute relating to business transactions; that in similar case, benefit of bail has been granted to the accused-petitioner by the co-ordinate Bench of this Court in which F.I.R was filed by the brother of complainant and the trial will take long time, therefore, benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application of the accused-petitioner.
Having regard to the totality of facts and circumstances, particularly to the fact that benefit of bail has been granted to the accused-petitioner in case of similar nature, 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 - Sunil Kumar Soni S/o Shri Bhagirath Soni, arrested in connection with F.I.R. No.25/2021, Police Station Gandhi 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.
The court established that bail can be granted based on the totality of circumstances, including the duration of custody and precedents in similar cases, without delving into the merits of the case.
Granting bail based on the precedent of a similar case without expressing any opinion on the merits/demerits of the case.
The court considered the circumstances of the case, including the nature of the offense, the petitioner's time in custody, and the expected trial duration, in granting bail.
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 ....
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
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.
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court's decision to grant bail was influenced by the circumstances of the case, including the filing of the charge-sheet, the grant of bail to co-accused persons, and the expected lengthy trial d....
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