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HIGH COURT OF JUDICATURE FOR RAJASTHAN - JAIPUR BEN
NIZAMUDDIN S/O SATTAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB 16/2023
An accused is entitled to bail if the offences are triable by a Magistrate and the trial is likely to take a long time to conclude.
Headnote:
BAIL - RAJASTHAN EXCISE ACT - SECTION 19/54, 16/54 AND 54A - REGULAR BAIL - OFFENCES TRIALBE BY MAGISTRATE - BAIL GRANTED.
Fact of the Case:
The petitioner was arrested for offences punishable under Sections 19/54, 16/54 and 54A of the Rajasthan Excise Act. The petitioner filed a bail application under Section 439 Cr.P.C., arguing that the offences were triable by a Magistrate and that the trial would take a long time to conclude.
Finding of the Court:
The court found that the offences were triable by a Magistrate and that the petitioner had been behind bars for a significant period of time. The court also noted that the trial would take a long time to conclude.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail under Section 439 Cr.P.C. because the offences were triable by a Magistrate and the trial would take a long time to conclude.
Final Decision: The court allowed the bail application and directed that the petitioner be released on bail on the execution of a personal bond and two solvent sureties.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail Application No. 16/2023
Nizamuddin S/o Sattar, Aged About 25 Years, R/o Badi Pol
Chang, Police Station Sendra, District Pali
(At Present Confined In Sub Jail Beawar)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s)
:
Mr. J.P. Gupta
For Respondent(s)
:
Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
11/01/2023
The instant bail application has been filed by the
petitioner under Section 439 Cr.P.C. seeking regular bail in
connection with the FIR No. 42/2022-23 registered at Police
Station Excise Circle, Beawar for the offences punishable under
Sections 19/54, 16/54 and 54A of Rajasthan Excise Act.
Counsel for the petitioner submits that the offences
alleged against the petitioner are triable by Magistrate. The
accused-petitioner is behind the bars and the trial of the case will
take sufficient long time to be concluded. Therefore, the benefit of
bail should be granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the
bail application.
Having regard to the totality of the facts and
circumstances of the case, without expressing any opinion on the
(2 of 2)
[CRLMB-16/2023]
merits of the case, I deem it just and proper to grant bail to the
accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Nizamuddin
S/o Sattar shall be released on bail in connection with FIR No.
42/2022-23 registered at Police Station Excise Circle, Beawar
provided he executes a personal bond in a sum of Rs.1,00,000/-
with two sound and solvent sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
Anil Makwana /50
