Yashpal S/O Lal Singh vs. State Of Rajasthan
Held
The Court held that the alleged offenses are triable by a Judicial Magistrate. The maximum sentence awardable by a Judicial Magistrate is three years, and by a Chief Judicial Magistrate is seven years, provided the prosecution proves the charges beyond reasonable doubt. The benefit of the doubt always accrues to the accused until proven guilty. In such circumstances, where the case is still under investigation, and there is no indication that the trial will be unduly prolonged, nor any apprehension that the accused will misuse liberty upon release, the court expects the accused to be granted bail. The Court considered the facts and circumstances of the case, the arguments advanced, and the material on record. It found it appropriate to release the petitioner on bail. The petitioner was directed to furnish a cash bail of Rs. 50,000/- and two bail bonds of Rs. 50,000/- each to the satisfaction of the competent court, ensuring his regular appearance.
Facts
The petitioner, Yashpal S/o Lal Singh, aged about 44 years, is currently confined in Central Jail Jaipur. He has filed a bail application under Section 439 Cr.P.C. The case involves alleged offenses under Section 9(1)(b), 9(1)(bb)(bb)(bb), 9(1)(d), 9(1)(p), and 9(1)(1) of the Central Excise Act, 1944. The petitioner contends that he is innocent, has committed no offense, and the alleged offenses are not punishable with life imprisonment or death. He claims to be a permanent resident of the address mentioned in the application, with no likelihood of absconding. He also asserts he will not misuse his liberty or attempt to tamper with evidence if released on bail. The respondent, State of Rajasthan, through the Public Prosecutor, opposed the bail application.
Key Issues
1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. given the nature of the alleged offenses and the stage of the proceedings? Petitioner's Arguments: - The petitioner claims innocence and asserts that the alleged offenses are not of a grave nature warranting prolonged detention. - He states he is a permanent resident and poses no flight risk or risk of tampering with evidence. - He is willing to furnish bail bonds to the satisfaction of the court for ensuring his regular appearance and smooth conduct of the trial. Respondent's Arguments: - The State of Rajasthan, through the Public Prosecutor, opposed the bail application, requesting its rejection.
Sections Cited
Section 9(1)(b), Section 9(1)(bb), Section 9(1)(d), Section 9(1)(p), Section 9(1)(1), Section 439 Cr.P.C.
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Cause title — parties, addresses and appearances
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