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KULDEEP MATHUR
Pappu Lal – Appellant
Versus
State of Rajasthan – Respondent
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 a
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 court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
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 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....
The court may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
Bail granted as no recovery is due from the petitioner and offences are triable by a Magistrate.
The court established that under Section 439 Cr.P.C., bail may be granted when the accused has been in custody for an extended period, especially when the trial is expected to be protracted.
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