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KULDEEP MATHUR
Sunil Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIRs Nos.450/2021 & 154/2023 registered at Police Station Udaimandir, District Jodhpur City (East) for offences under Sections 420 , 467, 468, 471 and 120B IPC.
2. Learned senior counsel for the petitioners at the outset submitted that from the perusal of the FIR, it would reveal that the petitioners have been falsely implicated in a criminal case, though the dispute between the parties is purely of civil nature and various civil suits concerning/relating to the same are pending adjudication before competent civil court and an order to maintain status quo with regard to property in dispute has been passed by the competent civil court.
3. Learned counsel submitted that the allegations levelled against the petitioners is that they have sold a plot to the complainant by showing the same to be of their ownership by creating forged documents with the connivance of employees of the Sub-Registrar Office. Learned counsel submitted that as a matter of fact, the amount taken by the petitioners in advance from the complainant has alre
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
Bail granted under Section 439 Cr.P.C. due to completed investigation and absence of risk of influencing witnesses.
Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.
The court held that bail may be granted when the offence is triable by a Magistrate, and prolonged detention without a trial serves no purpose.
The main legal point established is that bail can be granted under Section 439 of the Cr.P.C. based on the trial duration and the nature of the offence.
The court granted bail under Section 439 Cr.P.C. citing no fruitful purpose for further custody due to the civil nature of the dispute and previous bail granted in related matters.
Bail granted as no recovery is due from the petitioner and offences are triable by a Magistrate.
The court granted bail based on the completion of the investigation and the civil nature of the allegations, emphasizing that the charges are triable by a Magistrate.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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