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2024 Supreme(Online)(RAJ) 86
HIGH COURT OF JUDICATURE FOR RAJASTHAN - PRINCIPAL SEAT AT JODHP
MR. JUSTICE RAJENDRA PRAKASH SONI, J
SUNIL RAMCHANDANI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 7789 / 2024
Mr. Neeraj Kumar Gurjar, Mr. P.S. Poonia, Mr. Firoz Khan, Mr. Jangsher Khan, Mr. A.R. Choudhary, PP
Bail can be granted when the accused are not involved in other cases and the trial is expected to take significant time, considering the nature of the allegations.
Headnote:(A) Indian Penal Code, 1860 - Sections 420, 409, 120-B, 406/120-B - Bail application - Petitioners sought bail under Section 439 of Cr.P.C. for offences related to illegal possession of sanitary napkins intended for free distribution by the State Government, valued at Rs.1,70,000/- - The case is triable by Magistrate court and petitioners are not involved in any other case. (Paras 1, 5)
(B) Bail - Considerations for granting bail - The court considered the nature of the allegations, the value of the material involved, and the fact that the trial would take time to conclude, leading to the conclusion that bail should be granted. (Paras 5, 6)
Facts of the case:
The petitioners were accused of illegally possessing sanitary napkins meant for free distribution, with a total value of Rs.1,70,000/-. They were not involved in any other cases, and the trial was expected to take considerable time.
Findings of Court:
The court found it appropriate to grant bail to the petitioners, given the circumstances of the case and the nature of the allegations.
Issues: The main issue was whether the petitioners should be granted bail considering the nature of the allegations and the time required for trial.
Ratio Decidendi: The court held that the petitioners were entitled to bail due to the nature of the allegations, the absence of prior cases, and the expected duration of the trial.
Result: Bail applications allowed.
1.Through these bail applications, petitioners have come before this Court for grant of bail under section 439 of the Cr.P.C. in connection with crime registered pursuant to First Information Report No.159/2024 of Police Station Basni, District Jodhpur in respect of offences punishable under Sections 420, 409, 120-B, 406/120-B of the Indian Penal Code, 1860.
2.I have considered the rival submissions of learned counsel for the petitioners as well as learned Public Prosecutor and perused the record.
3.Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicants and submitted that in the facts of the present cases, it is expedient that accuseds be kept in the custody. He thus, craves rejection of the applicants’ bail application.
4.I have given my anxious consideration to the rival submissions with reference to material placed before me.
(3 of 4) [CRLMB-7355/2024]
5.On perusal of the record and upon consideration of the submissions, it would be clear that according to the case spelled out in the FIR, allegations against petitioners are that sanitory napkins intended for free distribution by the State Government were illegally kept in possession by petitioner for sale. The value of the material related to the crime is said to be around Rs.1,70,000/-. The case is exclusively triable by Magistrate court. The petitioner is not involved in any other case and trial of the case will take sufficient time to conclude. Therefore, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioners.
6.Consequently, the present bail applications are allowed and it is directed that the accused-petitioners Jagdish S/o Surajdan, Imran Khan S/o Isab Khan, Mihirkant Jha S/o Shri Kala Nath Jha and Sunil Ramchandani S/o Sh Bhagwan Ramchandani, arrested in connection with the F.I.R. No.159/2024 of Police Station Basni, District Jodhpur shall be released on bail provided each of them furnishe a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of his release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass [CRLMB-7355/2024]
- (4 of 4) book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
