Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2356

IN THE HIGH COURT OF RAJASTHAN
KULDEEP MATHUR, J.
Pappu Lal - Petitioner
Versus
The State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 12409 of 2023
Decided on : 12-10-2023

Advocates:
Advocate Appeared:
For the Petitioners:Mr. N.K. Rastogi, Advocate.
For the Respondents: Mr. Gaurav Singh, P.P.

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.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The petitioner was arrested for an offence under Section 380 IPC triable by Court of Magistrate - No recovery to be made from the petitioner and he has been in judicial custody - The trial may take a significant time, making continued incarceration unnecessary - Court considers the circumstances and grants bail. (Paras 1-6)

(B) Judicial Custody - While deciding on bail, the court emphasizes the need to balance the rights of the accused and the societal interest, without expressing views on the case's merits. (Paras 6)

(C) Bail Conditions - The petitioner is directed to furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each. (Paras 7)

Table of Content
1. petitioner's arrest and charges outlined. (Para 1)
2. arguments for and against bail application. (Para 2 , 3 , 4)
3. court's consideration of bail application. (Para 5 , 6)
4. court's order granting bail. (Para 7)

ORDER :

Mr. Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.732/2023 registered at Police Station Pratap Nagar, District Bhilwara for the offence under Section 380 IPC.

2. Learned counsel for the petitioner submitted that the offence alleged to have been committed by the petitioner is triable by Court of Magistrate. Learned counsel submitted that no recovery is due to be made from the present petitioner; the petitioner is in judicial custody and the trial of the case will take sufficiently long time and no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period.

3. On these grounds, he implored the court to enlarge the petitioner on bail.

4. Per contra, learned Public Prosecutor vehemently opposed the bail application. However, he was not in a position to refute the fact that the offence alleged to have been committed by the petitioner is triable by Court of Magistrate.

5. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

6. Having considered the rival submissions, facts and circumstances of the case, so also the fact that the offence alleged to have been committed by the petitioner is triable by Court of Magistrate, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Pappu Lal S/o Shri Rambux arrested in connection with F.I.R. No.732/2023 registered at Police Station Pratap Nagar, District Bhilwara shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court for him appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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