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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Nemaram - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 13099 of 2021
Decided On : 22-10-2021
[BAIL] - [PREVENTION OF CORRUPTION ACT] - [The court granted bail under Section 439 Cr.P.C. to the petitioner, who was in judicial custody for an offence under the Prevention of Corruption Act. The court considered the duration of custody, the absence of pending investigation, and the anticipated length of the trial, concluding that the bail application should be accepted without commenting on the case's merits.]
Fact of the Case:
The petitioner, Nemaram, was in judicial custody since 16.09.2021, charged under the Prevention of Corruption Act for allegedly accepting a bribe of Rs.10,000. The petitioner sought bail, arguing that no further investigation was pending and that the trial would take a long time.
Finding of the Court:
The court noted the petitioner's prolonged custody and the lack of pending investigations. It determined that the circumstances warranted the acceptance of the bail application, emphasizing the need for a fair trial without undue delay.
Issues: Whether the petitioner should be granted bail considering the duration of custody and the status of the investigation.
Ratio Decidendi: The court held that prolonged judicial custody without pending investigations and the anticipated delay in trial justified granting bail, aligning with the principles of justice and fair trial.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.
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.353/2021, Police Station ACB, CPS Jaipur, District ACB Jodhpur Rural, registered for the offence punishable under Section 7 of Prevention of Corruption Act (Amended) 2018.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner while submitting a copy of FIR bearing number 305/2021 Police Station, Banar, District Jodhpur East stated that FIR has been filed by the complainant; petitioner is behind the bars since 16.09.2021; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.
4. Per contra, learned Public Prosecutor has fervently and vehemently opposed the bail application of the accused-petitioner and stated that bribe of Rs.10,000/- has been recovered from the trouser of the accused-petitioner.
5. Having regard to the facts and circumstances of the case, particularly looking to the facts that petitioner is behind the bars since 16.09.2021; 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 petitioner deserves to be accepted.
6. Consequently, the bail application is allowed. It is ordered that the petitioner - Nemaram S/o Bhaguram, arrested in connection with F.I.R. No.353/2021, Police Station ACB, CPS Jaipur, District ACB Jodhpur Rural, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with 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.
The court established that prolonged detention without ongoing investigation and the potential delay in trial can be grounds for granting bail under Section 439 Cr.P.C.
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
The court established that under Section 439 Cr.P.C., bail may be granted when the investigation is complete and the trial is expected to be lengthy, balancing the rights of the accused with the judi....
The court considered the triable nature of the offences and the expected lengthy duration of further investigation and trial as grounds for granting bail to the accused-petitioner.
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 central legal point established in the judgment is that the nature of the offences and the expected duration of further investigation and trial are crucial factors in considering a bail applicati....
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