RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Gaurav Maheshwar & Ors. - Appellants
Versus
State of Rajasthan & Ors. - Respondents
Criminal Miscellaneous II Bail Application No. 6842, 10658, 10659, 10660, 10832, 10833, 10834 of 2021
Decided On : 05-10-2021
Bail - Criminal Procedure - Section 439 Cr.P.C. - The court granted bail under Section 439 Cr.P.C. considering the nature of allegations, prior custody duration, and the absence of misuse of bail conditions.
Fact of the Case:
The petitioner was arrested in multiple FIRs for various offences under IPC, and sought bail after being in custody for around 18 months, arguing that the allegations were similar and charge-sheets had been filed.
Finding of the Court:
The court found it just to grant bail, noting the similarity of allegations, the petitioner's prior compliance with bail conditions, and the lengthy custody period without trial.
Issues: Whether the petitioner is entitled to bail considering the nature of the offences and the duration of custody.
Ratio Decidendi: The court emphasized the importance of the duration of custody and the nature of allegations in deciding bail applications under Section 439 Cr.P.C.
Result: Bail granted to the petitioner under Section 439 Cr.P.C.
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in the following FIRs for the following offences :-
| CRLMB No. |
| ||
| FIR No. | Police Station | Offences punishable u/S. |
|
| 10832/2021 | 179/2019 | Sadar Kotwali, Jodhpur | 420 and 406 IPC |
| 10833/2021 | 51/2020 | Pratap Nagar, Jodhpur | 420, 467, 468 and 471 IPC |
| 10834/2021 | 329/2019 | Sardarpura, Jodhpur | 420, 467, 468, 471 IPC |
| 6842/2021 | 556/2019 | Udaimandir, Jodhpur | 420, 467, 468, 471 IPC |
| 10658/2021 | 421/2020 | Pratapnagar, Jodhpur | 420, 465, 466, 467, 468, 471 and 472 IPC |
| 10659/2021 | 178/2019 | Sadar Kotwali, Jodhpur | 420, 467, 468, 471 and 120-B IPC |
| 10660/2021 | 236/2019 | Rajiv Gandhi Nagar, Jodhpur | 420 and 467 IPC |
3. The petitioner has preferred these second bail applications under Section 439 Cr.P.C.
4. Learned counsel for the petitioner has submitted that the allegations levelled in the impugned FIRs except one FIR are similar in nature and in all those FIRs, after investigation, charge-sheets have been filed against the petitioner. It is also submitted that the earlier bail applications of the petitioner were dismissed by this Court while taking into consideration the fact that when the petitioner was released on bail in some other cases, he prepared a forged order of this Court and produced the same to take illegal benefit from it. Learned counsel for the petitioner has submitted that in that FIR also the charge-sheet has been filed. Learned counsel for the petitioner has submitted that in all the FIRs filed against the petitioner, the offences alleged to have been committed by the petitioner are triable by Magistrate. It is further submitted that the petitioner was earlier released on interim bail in some of the matter for the purpose of treatment of his father and during that time he did not misuse any condition of the bail and surrendered himself before the jail authorities on expiry of the said interim bail period. It is also submitted that the total custody period of the petitioner is around 18 months and trial against the petitioner will take time, therefore, he is entitled to be enlarged on bail.
5. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. Accordingly, these second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioner Gaurav Maheshwari S/o Sampat Lal Maheshwari shall be released on bail in connection with the following FIRs :-
| CRLMB No. |
| ||||||
| FIR No. | Police Station | Offences punishable u/S. |
| ||||
| 10832/2021 | 179/2019 | Sadar Kotwali, Jodhpur | 420 and 406 IPC | ||||
| 10833/2021 | 51/2020 | Pratap Nagar, Jodhpur | 420, 467, 468 and 471 IPC | ||||
| 10834/2021 | 329/2019 | Sardarpura, Jodhpur | 420, 467, 468, 471 IPC |
| |||
| 6842/2021 | 556/2019 | Udaimandir, Jodhpur | 420, 467, 468, 471 IPC | ||||
| 10658/2021 | 421/2020 | Pratapnagar, Jodhpur | 420, 465, 466, 467, 468, 471 and 472 IPC | ||||
| 10659/2021 | 178/2019 | Sadar Kotwali, Jodhpur | 420, 467, 468, 471 and 120-B IPC | ||||
| 10660/2021 | 236/2019 | Rajiv Gandhi Nagar, Jodhpur | 420 and 467 IPC | ||||
7. The petitioner shall be released on bail provided he executes a personal bond in a sum of Rs.50,000/- each for all the FIRs with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
AI
Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
The key legal principle established is that the triability of offences by a Magistrate can be a significant factor in granting bail under Section 439 Cr.P.C.
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....
Grant of bail based on the triability of the alleged offences by a Magistrate
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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.
The main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
The principle of parity in bail applications, where similarly situated co-accused are granted bail, is a significant factor in determining the grant of bail.
The court may grant bail based on considerations such as the nature of the allegation, length of custody, filing of charge sheet, and the offense being triable by Magistrate.
The court reaffirmed that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy, and similar cases have resulted in bail being granted, emphasizing the importance of ....
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