Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2279

RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Bhuriya & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 16562, 16780 of 2021
Decided On : 15-12-2021

Advocates appeared:
Mohan Ram Choudhary, Advocate, A.R. Choudhary, Advocate

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 right to bail in such circumstances.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioners arrested for offences under Sections 457 and 380 IPC, emphasizing the right to bail when the trial is expected to take a long time and the offences are triable by a magistrate. The decision reflects the court's consideration of the totality of circumstances without delving into the merits of the case.
Fact of the Case:

The petitioners were arrested in connection with F.I.R No.129/2021 for offences under Sections 457 and 380 IPC and sought bail, arguing that the trial would take a long time and the offences were triable by a magistrate.
Finding of the Court:

The court found it just and proper to grant bail, considering the circumstances of the case and the fact that the trial would take a significant amount of time.
Issues: Whether the petitioners are entitled to bail under Section 439 Cr.P.C. given the nature of the offences and the expected duration of the trial.
Ratio Decidendi: The court held that the right to bail is fundamental, especially when the trial is likely to be prolonged and the offences are triable by a magistrate, thus allowing the bail application.
Result: The bail applications were allowed, and the petitioners were directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - Heard learned counsel for the petitioners and perused the case file as well as material available on record.

2. The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R No.129/2021, Police Station Kotadi, District Bhilwara, for the offences punishable under Sections 457, 380 of IPC.

3. Learned counsel for the petitioners submits that the offences alleged to have been committed by the petitioners are triable by magistrate. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances

5. 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 petitioners under Section 439 Cr.P.C.

6. Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners Bhuriya @ Bhura S/o Prabhu Lal and Mahendra S/o Shri Prabhu Lal Kanjar shall be released on bail in connection with F.I.R No.129/2021, Police Station Kotadi, District Bhilwara provided they execute a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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