Allowed

Shaitan Singh v. State of Rajasthan

Rajasthan HC10 Jan 2024CRLMB/16063/2023

Case brief

AI extract

What is this about?

Single Judge Bench of Rajasthan High Court at Jodhpur granted bail under Section 439 Cr.P.C. to the petitioner in a case involving offences under Sections 406, 420, 120(B), 409, and 204 IPC. The court noted the petitioner's custody duration and referenced previous bail jurisprudence.

What did the court decide?

Petitioner enlarged on bail furnished by a personal bond of Rs. 50,000/ and two sureties of Rs. 25,000/ each.

Shaitan Singh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2024)

¶1

[2024:RJ-JD:1448]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 16063/2023

¶4

Shaitan Singh S/o Shri Ram Singh, Aged About 37 Years, R/o Pilovani, P.s. Khinwara, District Pali At Present Residing At 01/05, Housing Board, Sirohi, P.s. Kotwali, Sirohi. (Presently Confined At District Jail, Pali)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through PP 2. Hajarilal S/o Shri Kesaji, R/o Dolpura, P.s. Takhatgarh,tehsil Sumerpur, District Pali (Raj)

¶8

----Respondents

¶9

For Petitioner(s)	: Mr.	TanaySharma
For Respondent(s)	: Mr.	Gaurav Singh,AGA

¶10

HON'BLE MR. JUSTICE FARJAND ALI

¶11

Judgment / Order

¶12

10/01/2024

¶13

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-petitioner. The requisite details of the matter are

¶14

tabulated herein below:

¶15

S.No.	Particulars of	the Case
1.	FIR Number	141/2016
2.	Concerned Police Station	Takhatgarh
3.	District	Pali
4.	Offences alleged in the FIR	Under Sections 420, 406, 120(B)of the IPC
5.	Offences added, if any	Sections 409 and 204 of the IPC
6.	Date of passing of impugned order	13.09.2023.

(2 of 3)

[2024:RJ-JD:1448]

[CRLMB-16063/2023]

It is contended on behalf of the accused-petitioner that the offences alleged are triable by a Court of magistrate. No case for the alleged offences is made out against him and his 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-petitioner and he has been made accused based on conjectures and surmises.

¶20

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

¶21

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. This Court has elaborately dealt with the bail jurisprudence pertaining to offences which are triable by a court of Magistrate and has passed a detailed order in Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023. In view of the deliberation and enunciation made therein as well as considering the fact that the petitioner is in judicial custody for more than five years and there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

¶22

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner

[2024:RJ-JD:1448]

[CRLMB-16063/2023]

(3 of 3)

as named in the cause title shall be enlarged on bail provided he 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

¶27

(FARJAND ALI),J

¶28

136-divya/-

Shaitan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shaitan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Poonam Vs State of Rajasthan

Mahendra Singh Vs State of Rajasthan

Bannaram Vs State of Rajasthan

Rahul Vs State of Rajasthan

Vimla Devi and Anr. Vs State and Anr.

Shrawan Ram Vs State and Anr.