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2021 Supreme(Raj) 2193

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Shekhar Patona - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 12250, 14147 of 2021
Decided On : 06-10-2021

Advocates appeared:
Harendra Singh, Advocate, Mangal Singh Saini, Advocate, Shafiqur Rahman, Advocate

The court established that bail can be granted under Section 439 Cr.P.C. when the nature of the injuries is simple and the proceedings are likely to be prolonged, ensuring a fair balance between the rights of the accused and the interests of justice.

Headnote:

BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioners under Section 439 Cr.P.C. after considering the nature of injuries, the filing of the charge-sheet, and the likelihood of prolonged proceedings, emphasizing the need for a balanced approach in ensuring justice while maintaining safety during the COVID-19 pandemic.

Fact of the Case:

The petitioners were arrested in connection with FIR No.183/2021 for various offences under IPC, and they sought bail after the charge-sheet was filed, noting that the injuries were simple in nature.

Finding of the Court:

The court found that the injuries were simple and that the conclusion of the proceedings would take time, leading to the decision to grant bail without commenting on the merits of the case.

Issues: Whether the petitioners should be granted bail considering the nature of the charges and the circumstances of the case.

Ratio Decidendi: The court applied Section 439 Cr.P.C., balancing the rights of the accused with the need for justice, and determined that the circumstances warranted the granting of bail.

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

Dr. Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. This Court perused the material available on record.

3. The petitioners have been arrested in connection with FIR No.183/2021 of Police Station Jhalarapatan, District Jhalawar for the offences punishable under Sections 147, 148, 341, 323, 307, 149 IPC. They have preferred these bail applications under Section 439 Cr.P.C.

4. Learned counsel for the petitioners submits that the charge-sheet in this case has already been filed. Learned counsel also pointed out that all the seven injuries caused in this case are simple in nature.

5. Learned Public Prosecutor opposed the bail application.

6. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

7. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Shekhar Patona @ Larence S/o Shri Rajkumar and (2) Ravi S/o Hariram shall be released on bail in connection with FIR No.183/2021 of Police Station Jhalarapatan, District Jhalawar provided each of them execute 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 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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