Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1849

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Devendra Kachhawaha, J.
Ishwar Choudhary - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 9722/2021
Decided On : 15-07-2021

Advocates appeared:
Mr. Pankaj Gupta, Advocate, for the Petitioner; Mr. S.S. Ola, PP, for the Respondent

The court reaffirmed that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy, and similar cases have resulted in bail being granted, emphasizing the importance of judicial discretion in such matters.

Headnote:
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail under Section 439 Cr.P.C. considering that the offences were triable by a Magistrate, a charge sheet had been filed, and similar cases had previously resulted in bail being granted to the petitioner. The court emphasized the lengthy trial process and the absence of any opinion on the merits of the case.]
Fact of the Case:

The petitioner, Ishwar Choudhary, is in judicial custody for offences under Sections 420, 406, and 120-B of IPC, with a charge sheet filed in F.I.R. No.38/2020. The petitioner sought bail, citing that similar accused had been granted bail and that the trial would take a long time.
Finding of the Court:

The court noted the arguments from both sides, particularly the previous grants of bail in similar cases and the nature of the offences being triable by a Magistrate. It concluded that the bail application should be accepted without commenting on the case's merits.
Issues: Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given the circumstances of the case and previous similar cases.
Ratio Decidendi: The court established that the length of the trial process, the nature of the offences, and the precedent of granting bail in similar cases justified the acceptance of the bail application.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and surety bonds.

JUDGMENT

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.38/2020 registered at Police Station Malpura Gate, Jaipur (East), registered for the offences punishable under Sections 420, 406 & 120-B of IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel appearing for the petitioner stated that offences are triable by the Magistrate; charge sheet has been filed; trial of the case will take long time. Learned counsel further stated that in the offences of similar nature, benefit of bail have already been granted to the accused-petitioner by the Co-ordinate Bench of this Court. With these submissions, learned counsel for the petitioner prayed that in the present case, benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor fervently and vehemently opposed the bail application and stated that earlier 9 other cases have been registered against the accused-petitioner.

Having regard to the facts and circumstances of the case, particularly to the facts that in similar nature of other cases, benefit of bail have already been granted to the accused- petitioner; offences are triable by the Magistrate; charge-sheet has been filed and the trial of the case will take sufficiently long time, therefore, without expressing any opinion on the 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 filed under Section 439 Cr.P.C. 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.38/2020 registered at Police Station Malpura Gate, Jaipur (East), shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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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