Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2385

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Dr.Pushpendra Singh Bhati, J.
Nand Kishor Mahawar - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 11962 of 2021
Decided On : 01-10-2021

Advocates appeared:
Prashant Sharma, Advocate, U.P. Gaur, Advocate, Mangal Singh Saini PP, Advocate, Vishnu Kumar Sharma, Advocate

The court established that under Section 439 Cr.P.C., bail may be granted when the duration of custody is excessive and the trial is expected to take a significant amount of time.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail to the petitioner under Section 439 Cr.P.C. considering the lengthy duration of custody and the likelihood of prolonged proceedings, emphasizing the need for a balanced approach in light of the circumstances without prejudging the merits of the case.
Fact of the Case:

The petitioner was arrested in connection with FIR No.024/2020 for multiple offences under IPC, including fraud. He has been in custody since April 2, 2021, and has filed a bail application.
Finding of the Court:

The court reviewed the case materials and noted the opposition from the Public Prosecutor and the complainant but decided to grant bail based on the totality of circumstances and the potential delay in trial.
Issues: Whether the petitioner should be granted bail considering the nature of the charges and the duration of custody.
Ratio Decidendi: The court held that the prolonged custody and the likelihood of delayed proceedings justified the grant of bail, aligning with the principles of justice and fairness.
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

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 petitioner has been arrested in connection with FIR No.024/2020 of Police Station Vidhayakpuri, Jaipur for the offences punishable under Sections 420, 406, 409, 467, 468, 471 & 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner submits that the facts of the case point out that loan was fraudulently taken by the present petitioner, whereas the charge-sheet in this case has already been filed and the petitioner is in custody since 02.04.2021.

5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently 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 petitioner under Section 439 Cr.P.C.

7. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Nand Kishor Mahawar S/o Nanak Chand Mahawar shall be released on bail in connection with FIR No.024/2020 of Police Station Vidhayakpuri, Jaipur provided he executes 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 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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