Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1834

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Devendra Kachhawaha, J.
Dayaram - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 8321/2021
Decided On : 13-07-2021

Advocates appeared:
Mr. Dinesh Chand Sharma, Advocate, for the Petitioner; Mr. S.S. Ola, P.P, for the Respondent

The court established that the length of the trial and the nature of the offences can justify the granting of bail 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 offences, the filing of the charge-sheet, and the anticipated length of the trial. The court emphasized that the offences are triable by a Magistrate and did not express any opinion on the merits of the case, leading to the decision to allow bail.
Fact of the Case:

The petitioner filed a bail application while in custody for offences under Sections 420 and 406 of the IPC, related to F.I.R. No.79/2021. The petitioner argued that the trial would take a long time and that the offences were triable by a Magistrate.
Finding of the Court:

The court considered the totality of facts, including the filing of the charge-sheet and the nature of the offences, and concluded that the bail application should be accepted without commenting on the merits of the case.
Issues: Whether the petitioner is entitled to bail considering the nature of the offences and the duration of the trial.
Ratio Decidendi: The court determined that the length of the trial and the fact that the offences are triable by a Magistrate warranted the granting of bail, emphasizing the importance of not pre-judging 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.

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.79/2021, Police Station Udai Moad, Gangapurcity, District Sawai Madhopur, 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 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 three other cases are registered against the accused-petitioner.

Having regard to the totality of facts and circumstances, particularly to the fact that offences are 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 - Dayaram S/o Shri Prabhu Lal, arrested in connection with F.I.R. No.79/2021, Police Station Udai Moad, Gangapurcity, District Sawai Madhopur, 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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