Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2292

RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Ugma Ram & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 15682 of 2021
Decided On : 01-12-2021

Advocates appeared:
Rohitash Singh, Advocate, A.R.Choudhary, Advocate, Dr.Ajeet Singh Shekhawat, Advocate

The court established that bail can be granted under Section 439 Cr.P.C. when circumstances such as compromise between parties and prolonged judicial custody are present, without delving into the merits of the case.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. considering the existence of cross-cases, a compromise between parties, and the prolonged judicial custody of the petitioners. The court emphasized the importance of balancing the rights of the accused with the interests of justice, ultimately deciding that the circumstances warranted the release of the petitioners on bail.
Fact of the Case:

The petitioners were arrested in connection with FIR No.193/2021 for various offenses under IPC, including serious charges. They sought bail, citing a compromise between the parties and the lengthy trial process.
Finding of the Court:

The court acknowledged the arguments from both sides and reviewed the case materials, concluding that it was just to grant bail without commenting on the case's merits.
Issues: Whether the petitioners should be granted bail considering the circumstances of the case, including the existence of cross-cases and a compromise.
Ratio Decidendi: The court's decision to grant bail was based on the principles of justice and the need to ensure that the accused are not unduly detained while awaiting trial, especially in light of the compromise between the parties.
Result: The bail application was allowed, and the petitioners were ordered to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner have been arrested in connection with FIR No.193/2021, Police Station Khunkhuna, Distt. Nagaur for the offence under Sections 323, 341, 325, 307/34 IPC.

2. Learned counsel for the petitioner as well as learned counsel for the complainant submits that there are cross-cases and the compromise has been arrived in between the parties. The petitioners are in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioners on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners (1) Ugma Ram S/o Shankar Ram and (2) Mukesh Meghwal @ Moola Ram S/o Shankar Ram shall be enlarged on bail in FIR No.193/2021, Police Station Khunkhuna, Distt. Nagaur provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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