The High Court of Rajasthan allowed a bail application filed under Section 439 CrPC, granting release to the petitioners who were in judicial lockup pending trial, without expressing an opinion on the merits of the case.
The bail application is allowed and the accused petitioners are directed to be released on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR S.B. Criminal Misc. Bail Application No.10233/2016 Jagdish @ ~urga and ors
VS State
PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. BL Dhakar for the peti ti oner/s ~r.~ishi raj Singh, PP for the State
This bail application has been filed under Section 439 CrPC. Brief facts of the case are that an FIR No.47/2016 was lodged at police station Ghad, Tonk for the offences menti oned therein, whereupon the i nvesti gati on was commenced. Duri ng the course of i nves-ti gati on, the peti ti oner/s was/were arrested. He moved the bail application before the court below, whi ch was di smi ssed. Hence, this bai 1 appl i cation has been filed.
Learned counsel for the petitioner/s has contended that peti ti oner/s has/ have fa1 sel y imp1 i cated in the matter. peti tioner/s i s/are in judicial lock up since long and the trial of the case wi 11 take ti me, hence he/she/they shoul d be re1 eased on bai 1 .
Learned PP appearing for the state has
opposed the same.
I have heard learned counsel for the parties and carefully perused t'he relevant material on record. Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, 1 deem just and proper to en1 arge the peti tioner/s on bai 1 .
heref fore, thi s bai 1 appl i cati on i s a1 1 owed and it is directed that accused peti tioner/s Jagdish - @; I Durga S/o chand~uresh @ ~ishan S/o Jagdish k Durga, 1<ai1ash - S Narayan. and Sanwra S/o Ratanla1 @
:+. y 4
1 issue framed by the court
Whether the petitioner should be released on bail under Section 439 CrPC.
1 provisions across 1 enactments
Jagdish @ Durga and ors
State
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
