Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2280

RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Suresh Kumar & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 14349, 14934 of 2021
Decided On : 15-12-2021

Advocates appeared:
Mangilal Bishnoi, Advocate, Mahipal Bishnoi, Advocate

The court established that bail can be granted under Section 439 Cr.P.C. based on the circumstances of the case, including the length of time the trial may take and the nature of the charges.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioners arrested under various sections of the IPC and the Rajasthan Public Examination Act, emphasizing the right to bail under Section 439 Cr.P.C. The court considered the nature of the offences, the stage of the trial, and the fact that the accused were in judicial custody, ultimately deciding that the circumstances warranted the granting of bail while ensuring the petitioners' appearance at trial.
Fact of the Case:

The petitioners were arrested in connection with FIR No.494/2021 for offences under IPC and the Rajasthan Public Examination Act. They applied for bail under Section 439 Cr.P.C., arguing that the trial would take a long time.
Finding of the Court:

The court found it just and proper to grant bail, considering the totality of the circumstances and the fact that the offences were triable by a Magistrate. The court did not express an opinion on the merits of the case.
Issues: Whether the petitioners should be granted bail considering their judicial custody and the nature of the offences charged.
Ratio Decidendi: The court applied the provisions of Section 439 Cr.P.C., which allows for bail to be granted at the discretion of the court, particularly when the trial is expected to take a significant amount of time.
Result: The bail applications were allowed, and the petitioners were directed to be released on bail upon executing personal bonds and providing sureties.

JUDGMENT

Manoj Kumar Garg, J. - The petitioners have been arrested in connection with FIR No.494/2021 of Police Station Balotra, District Barmer, for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B of IPC and Section 3/6 of Rajasthan Public Examination (Prevention of Unfairness) Act, 1992. They have preferred these bail applications under Section 439 Cr.P.C.

2. Learned counsel for the petitioners submits that offences are triable by Magistrate. Challan of the case has already been presented. 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.

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

4. Accordingly, the bail applications filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Suresh Kumar S/o Chutraram & (2) Ramesh Kumar S/o Budharam shall be released on bail in connection with FIR No.494/2021 of Police Station Balotra, District Barmer, provided they execute personal bonds in a sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/- 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.

Click Here to Read the rest of this document