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2025 DAILYLAW 18318 (RAJ)

CHHITARMAL @ PREMSINGH @ PREMCHAND S/O JAGGA @ JAGDISH v. STATE OF RAJASTHAN

CRLMB/6188/2025 · 2025-05-16

Farjand Ali

body2025

Judgment text

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[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. Sandeep Jain For Respondent(s) : Mr. Omkar Singh, PP HON'BLE MR. JUSTICE FARJAND ALI (THROUGH VIDEO CONFERENCING) Order 16/05/2025 1. 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 tabulated herein below: 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. It is contended on behalf of the accused-petitioner that the offences alleged are triable by a Court of magistrate. No case [2025:RJ-JP:20864] (2 of 3) [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. 3. 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. 4. I have considered the submissions made by both the parties and have perused the material available on record. The petitioner is incarcerated in this case since last one and half years and the case is exclusively triable by Magistrate. As per Section 437(6) of Cr.P.C., the trial of such cases should be concluded within a period of first 60 days from the date of enunciation of trial which in this case has expired. 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 and since 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. 5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner [2025:RJ-JP:20864] (3 of 3) [CRLMB-6188/2025] 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/-