Allowed

Sharwan v. State of Rajasthan

Rajasthan HC9 Jan 2024CRLMB/144/2024

Case brief

AI extract

What is this about?

This is a bail application under Section 439 Cr.P.C. The High Court of Rajasthan allowed the petitioners' bail after noting that the offences were triable by a magistrate and the trial might take a long time. The court granted bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

What did the court decide?

Allowed bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Sharwan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:1216]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 144/2024

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Sharwan S/o Rama Ram, Aged About 19 Years, R/o Champaberi, Ps.. Sedwa, Dist. Barmer. (Lodged In Sub Jail Sanchore).

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Kailash Alias Sunil Alias Rakesh S/o Shankra Ram, Aged About 18 Years, R/o Khadali, P.s. Rgt, Dist. Barmer. (Lodged In Sub Jail Sanchore).

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s)	: Mr. Dinesh Vishnoi
For Respondent(s)	: Mr. Abhishek Purohit,AGA

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HON'BLE MR. JUSTICE FARJAND ALI Order

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09/01/2024

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused- petitioners. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars o	f the Case
1.	FIR Number	228/2023
2.	Concerned Police Station	Chitalwana
3.	District	Sanchore
4.	Offences alleged in the FIR	Under Sections 19/54 of the Excise Act
5.	Offences added, if any	-
6.	Date of passing of impug order	ned 04.01.2024

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It is contended on behalf of the accused-petitioners that the offences alleged are triable by a Court of magistrate. No case

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for the alleged offences is made out against them and their

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[2024:RJ-JD:1216]

[CRLMB-144/2024]

incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The offences alleged are triable by a Court of magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioners as named in the cause title shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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123-divya/-

Sharwan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharwan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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