High Court allowed bail application under Section 439 Cr.P.C. relying on the limitation bar for offences triable by Magistrates as established in Dharmendra, granting bail with bond and sureties.
Accused enlarged on bail by furnishing personal bond of Rs. 50,000 and 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.
[2025:RJ-JP:20864]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 6188/2025
Chhitarmal @ Premsingh @ Premchand S/o Jagga @ Jagdish, Aged About 69 Years, R/o Basda, Police Station Choth Ka Barwada, District Sawaimadhopur Presently District Jail Tonk (Raj.) (Accused/ Petitioner In District Jail Tonk)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) : Mr. |
SandeepJain |
|---|---|
| For Respondent(s) : Mr. |
Omkar Singh,PP |
HON'BLE MR. JUSTICE FARJAND ALI (THROUGH VIDEO CONFERENCING)
Order
16/05/2025
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 67/2019 |
| 2. | Concerned Police Station | Kotwali |
| 3. | District | Bundi |
| 4. | Offences alleged in the FIR | Under Sections 420, 406, 384, 506, 467, 468, 471 & 120- B of IPC |
| 5. | Offences added,if any | - |
| 6. | Date of passing of impugned order |
22.04.2025 |
(2 of 3)
[2025:RJ-JP:20864]
[CRLMB-6188/2025]
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.
[2025:RJ-JP:20864]
[CRLMB-6188/2025]
(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.
(FARJAND ALI),J
21-Chhavi/-
2 issues framed by the court
Whether bail should be granted to an accused facing offences triable exclusively by a Magistrate where the trial has not commenced within the statutory period.
Whether the delay in concluding a case exclusively triable by a Magistrate justifies the grant of bail under Section 439 Cr.P.C.
Colour shows how this judgement treated each authority
Dharmendra vs. State of RajasthanRelied on¶22
Dharmendra vs. State of Rajasthan
1 provisions across 1 enactments
Chhitarmal @ Premsingh @ Premchand
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
