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PUSHPENDRA SINGH BHATI
Shivjot Kaur @ Shibu – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
2. In S.B. Criminal Misc. Bail Application no.4694/2021
3. Heard learned counsel for the parties and perused the material available on record.
4. The petitioner has been arrested in connection with FIR No.150/2020 of Police Station Ghamudwali, District Sriganganagar for the offence punishable under Sections 302/324, 397/34 & 201 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
5. Learned counsel for the petitioner has pointed out that deceased Harbans Kaur was the mother of the complainant Lakhvindra Kaur. He further submits that the suspicion of foul play was laid by Lakhvindra Kaur upon which the prosecution launched the case against her daughter Shivjot Kaur and her son-in-law Harwinder Singh. He further submits that the post-mortem report does not indicate any injury whatsoever upon the body of the deceased. He has further pointed out that in the post-mortem report, the cause of death is unknown, which looks like a natural death.
6. Learned counsel for the petitioner further submits that in the
Bail can be granted under Section 439 Cr.P.C. when there is insufficient evidence to support the charges against the accused, and the likelihood of prolonged proceedings is considered.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances of the case, including witness statements and the duration of custody, justify such a decision.
The court considered the debatable complicity of the petitioner in the crime, the period of incarceration, the nature of allegations, the gravity of the offense, and the likelihood of the trial takin....
The court established that the considerations of gender, duration of custody, and the likelihood of trial delays are significant factors in bail decisions under Section 439 Cr.P.C.
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.
The court established that prolonged custody without trial and the filing of a charge-sheet can warrant the granting of bail under Section 439 Cr.P.C.
The court established that prolonged custody without trial and the filing of a charge-sheet can be sufficient grounds for granting bail under Section 439 Cr.P.C.
Bail can be granted under Section 439 Cr.P.C. when the custody of the accused is not warranted, particularly when the allegations against them are indirect and the proceedings are expected to take ti....
The court established that prolonged custody without prior criminal history and the existence of a cross case can justify the granting of bail under Section 439 Cr.P.C.
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