The High Court of Rajasthan granted regular bail to the petitioner, who is facing charges under the Arms Act, considering the nature of the offence and the length of trial, without expressing an opinion on the merits.
Petitioner enlarged on bail by personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2825/2023
Ajay Singh Banjara S/o Dhan Singh, Aged About 21 Years, R/o Village Sultaniya, Police Station Phagi, District Jaipur ( At Present In Central Jail Jaipur District Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ravindra Gawariya brother of the petitioner For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
08/03/2023
This bail application has been filed by the petitioner under Section 439 CrPC seeking regular bail in FIR No.32/2023 registered at Police Station Shipra Path, Jaipur City (South) for the offence under Section 3/25, 5/25 (7)(i), 25(8) and 25(1) of Arms Act, 1959 (Amendment 2019).
Due to abstain from judicial work, the advocates are not appearing in the court today.
Mr. Ravindra Gawariya who is brother of the petitioner has appeared in person and submits that petitioner has been falsely implicated in this case. He is behind the bars since long. The alleged offence is triable by a Judicial Magistrate, First Class and conclusion of trial is likely to take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
[CRLMB-2825/2023]
(2 of 2)
Considering the submissions and taking into consideration the overall facts and circumstances of the case, without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and accused petitioner Ajay Singh Banjara S/o Dhan Singh is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs.25,000/- each before the trial court, subject to its satisfaction, with the stipulation that the petitioner shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
(NARENDRA SINGH DHADDHA),J
Brijesh 42.
2 issues framed by the court
Whether the petitioner should be granted regular bail in an arms case.
Whether the trial court can conclude the trial within a reasonable time.
2 provisions across 2 enactments
Ajay Singh Banjara
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
