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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Baljinder Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 14066/2021
Decided On : 22-10-2021
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail to the petitioners under Section 439 Cr.P.C., considering the nature of the offences being triable by a Magistrate, the duration of their judicial custody, and the anticipated length of further investigation and trial. The court emphasized the need for a balance between the rights of the accused and the interests of justice.]
Fact of the Case:
The petitioners are in judicial custody since 01.09.2021, charged under Sections 394 and 34 IPC in connection with F.I.R. No.200/2021. They filed a bail application citing the lengthy process of investigation and trial as grounds for their release.
Finding of the Court:
The court acknowledged the petitioners' prolonged custody and the nature of the offences, which are triable by a Magistrate. It noted that the trial would take a considerable amount of time, leading to the decision to grant bail without commenting on the case's merits.
Issues: Whether the petitioners should be granted bail considering their judicial custody duration and the nature of the charges against them.
Ratio Decidendi: The court determined that the length of judicial custody and the nature of the offences justified the granting of bail, emphasizing the importance of not detaining individuals unnecessarily when the trial process is expected to be lengthy.
Result: The bail application was allowed, and the petitioners were 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 petitioners, who are in judicial custody in connection with F.I.R. No.200/2021, Police Station Sadar, District Hanumangarh, registered for the offence under Sections 394, 34 IPC.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners stated that offence is triable by the Magistrate; accused-petitioners are behind the bars since 01.09.2021; further investigation and trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioners.
On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioners and stated that earlier two another cases of likewise nature are registered against the accused-petitioners.
Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate and further investigation and trial 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 petitioners deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners-(1) Baljinder Singh @ Gabbar S/o Sh. Gurdev Singh, and (2) Amandeep Singh @ Mannu S/o Sh. Ramsevak , arrested in connection with F.I.R. No.200/2021, Police Station Sadar, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, including one local surety, to the satisfaction of the learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
The court established that under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
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 on the bail applications was influenced by the nature of the offences, the pendency of cases, and the likelihood of prolonged further investigation and trial.
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.
The court considered the triable nature of the offences, the filing of the charge-sheet, and the expected lengthy trial in granting bail to the accused-petitioner.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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