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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Kumbha Ram - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11235 of 2021
Decided On : 13-09-2021
[BAIL] - [JUDICIAL CUSTODY] - [The court granted bail under Section 439 Cr.P.C. to the petitioner, noting that none of the injuries were grievous or life-threatening, and considering the duration of custody and the anticipated length of the trial. The court emphasized the importance of the nature of injuries and the petitioner's continued detention.]
Fact of the Case:
The petitioner, Kumbha Ram, is in judicial custody since 14.08.2021, charged under F.I.R. No.158/2021 for various offences including grievous hurt. The petitioner claims no grievous injuries were inflicted by him, while the prosecution argues that one injury is serious and dangerous to life.
Finding of the Court:
The court found that the injuries attributed to the petitioner were not grievous or life-threatening. It acknowledged the petitioner's prolonged custody and the expected delay in trial proceedings.
Issues: Whether the petitioner is entitled to bail considering the nature of the injuries and the duration of his custody.
Ratio Decidendi: The court held that the nature of the injuries and the length of time the petitioner had been in custody were significant factors in deciding the bail application, leading to the conclusion that bail should be granted.
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.158/2021, Police Station Baap, District Jodhpur, registered for the offences punishable under Sections 143, 341, 323, 307 and 394 of the Indian Penal Code.
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.
2. Learned counsel for the petitioner stated that none of the injuries has been caused by the petitioner which has been found grievous in nature on any vital part of the body and dangerous to life; petitioner is behind the bars since 14.08.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have opposed the bail application and stated that injury No.1 of Bhanwar Ram has been declared as grievous and dangerous to life which is sharp in nature. He further stated that lathi and axe have been recovered from the accused-petitioner.
3. Having regard to the facts and circumstances of the case, particularly looking to the facts that none of the injuries has been caused by the petitioner which has been found grievous in nature on any vital part of the body and dangerous to life; petitioner is behind the bars since 14.08.2021; and 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.
4. Consequently, the bail application is allowed. It is ordered that the petitioner - Kumbha Ram S/o Mangi Lal, arrested in connection with F.I.R. No.158/2021, Police Station Baap, District Jodhpur, 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 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 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 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.
Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.
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....
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 bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
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.
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