Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2294

RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Chainaram - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 17295 of 2021
Decided On : 20-12-2021

Advocates appeared:
Narendra Rajpurohit, Advocate, Laxman Solanki, Advocate

The court established that bail can be granted under Section 439 Cr.P.C. when the offences are triable by a Magistrate, taking into account the circumstances of the case.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioner accused of offences triable by Magistrate, emphasizing the nature of the charges and the circumstances of the case without delving into the merits, thus allowing for the accused's release upon fulfilling specified bail conditions.
Fact of the Case:

The petitioner was arrested in connection with FIR No.344/2021 for offences under Sections 457 and 380 IPC and sought bail under Section 439 Cr.P.C.
Finding of the Court:

The court considered the totality of the facts and circumstances, noting that the alleged offences were triable by a Magistrate, and decided to grant bail without expressing an opinion on the merits of the case.
Issues: Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given the nature of the charges and the circumstances surrounding the case.
Ratio Decidendi: The court's decision to grant bail was based on the principle that bail can be granted when the offences are triable by a Magistrate and considering the overall circumstances of the case.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

JUDGMENT

Vijay Bishnoi, J. - Heard.

2. The petitioner(s) has/have been arrested in FIR No.344/2021 of Police Station Sojat City District Pali for the offence(s) punishable under Section(s) 457, 380 IPC. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

3. Learned counsel for the petitioner(s) has submitted that offence(s) alleged to have been committed by the petitioner(s) is/are triable by Magistrate.

4. Learned Public Prosecutor has opposed the bail application(s).

5. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the alleged offence(s) levelled against the petitioner(s) is/are triable by Magistrate, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner(s) under Section 439 Cr.P.C.

6. Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) Chainaram S/o Parasmal shall be released on bail in connection with FIR No.344/2021 of Police Station Sojat City District Pali provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his/her/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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