Back
DEVENDRA KACHHAWAHA
Mohammad Ajam – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - 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.69/2016, Police Station Ambamata, District Udaipur, registered for the offence punishable under Sections 307 and 120-B of the Indian Penal Code.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that petitioner is behind the bars since 29.10.2018; charge-sheet has been filed; name of the petitioner has not been mentioned in the FIR; statements of eleven witnesses have been recorded before the learned trial Court; witnesses PW.1 to PW.6 did not support the story of prosecution and turned hostile; statement of Dr. Irfan recorded as PW.7, during the statement he opined that injury for which opinion has been obtained is found as simple in nature and it is also corroborated at the page No.140 of the charge-sheet; no specific allegation has been made against the petitioner; benefit of bail has been granted to co-accused persons, namely, Imtiyaz @ Salim, Aslam @ Mama @ Dantala & Anr., Akshay Jai
The court established that prolonged judicial custody and lack of evidence from key witnesses can warrant the granting of bail under Section 439 Cr.P.C.
The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.
Grant of bail based on absence of injury, filing of charge-sheet, previous grant of bail to co-accused, and the expectation of a lengthy trial.
The court may grant bail to an accused-petitioner based on the length of time spent in custody, the filing of charge-sheet, and the expected lengthy trial, while also imposing conditions considering ....
The court established that bail can be granted based on the absence of injuries, the filing of a charge-sheet, and the duration of custody, reinforcing the principle that pre-trial detention should n....
The court's decision was based on the interpretation of Section 439 Cr.P.C., considering the absence of injury, the filing of charge-sheet, and the expected lengthy trial.
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.
The court established that the presumption of innocence and the circumstances surrounding the case, including the status of co-accused and the delay in trial, are critical in deciding bail applicatio....
The court established that prolonged judicial custody without trial, along with the filing of a charge-sheet, can justify the granting of bail under Section 439 of the Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
