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RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Gom Singh - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 13527 of 2021
Decided On : 23-10-2021
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioners, considering the nature of injuries sustained, the circumstances of the case, and the fact that cross-cases were registered. The court emphasized the need for a balanced approach in granting bail, particularly when the injuries were non-vital and the overall context suggested a possibility of indulgence.
Fact of the Case:
The bail application was filed for the petitioners who were in custody related to FIR No.163/2021 for various offences under IPC, including rioting and causing grievous hurt. Cross-cases were registered between the parties involved.
Finding of the Court:
The court found that the injuries inflicted were grievous but located on non-vital parts of the body, which influenced the decision to grant bail. The overall facts and circumstances warranted a favorable consideration for bail.
Issues: Whether the petitioners should be granted bail considering the nature of the offences and the injuries sustained by the complainants.
Ratio Decidendi: The court applied the principle of balancing the severity of the charges against the nature of the injuries and the context of the case, leading to the conclusion that bail was appropriate.
Result: The bail application was allowed, and the petitioners were directed to be released on bail upon furnishing the required bonds.
JUDGMENT
Sandeep Mehta, J. - The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in relation to FIR No.163/2021, Police Station Raas, Pali for offences under Sections 147, 148, 149, 447, 325 & 308 IPC.
2. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant and perused the case diary.
3. Cross-cases have been registered inter se between the parties. The grievous injuries received by the injured Pukhraj and Jagdish were caused by blunt weapons and are on non-vital parts of the body.
4. In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend indulgence of bail to the accused petitioners. Accordingly, this bail application is allowed and it is directed that the accused-petitioners (1) Gom Singh S/o Shri Dhann Singh, (2) Panna Singh S/o Shri Dhann Singh and (3) Dhaglu Singh S/o Shri Hukam Singh arrested in connection with the F.I.R. No.163/2021, Police Station Raas, Pali shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25000/- 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 even in cases involving serious charges if the circumstances, such as the nature of injuries and the context of the incident, justify such a decision.
The court considered the completion of investigation, filing of charge-sheet, and the likelihood of trial consuming time before extending the indulgence of bail to the accused petitioner.
The court may grant bail to an accused petitioner based on the age of previous cases and the absence of similar offences.
Grant of bail based on lack of criminal antecedents and entirety of facts and circumstances
The court's decision to grant bail was based on the similarity of allegations with co-accused whose bail applications were accepted and the overall facts and circumstances of the case.
The decision to grant bail was influenced by the non-grievous nature of the injuries, absence of other pending cases against the accused-petitioners, and the expected lengthy duration of further inve....
The court has the discretion to grant bail based on the nature of the offences, the duration of custody, and the overall facts and circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court established that the nature of injuries and the duration of judicial custody are critical factors in determining the grant of bail under Section 439 Cr.P.C.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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