Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Smart Summary

Factual and Procedural Background

The trial court rejected the petitioner's bail application on the ground that about 20 cases were pending against the petitioner. The petitioner sought bail before the court whose opinion is recorded here.

Legal Issues Presented

  1. Whether pending other cases against a petitioner is a valid ground for rejecting a bail application.

Arguments of the Parties

Petitioner's Arguments (Mr. Balwada)

  • Reliance placed on jaipal v. State of rajasthan,1, which, according to counsel, holds that if other cases were pending against the petitioner, the bail application should not be rejected on that ground.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
jaipal v. State of rajasthan,1 If other cases were pending against the petitioner, in that case, the bail application should not have been rejected on that grand. The court agreed with the precedent and the petitioner's counsel, and granted bail under Section 439 Cr.P.C., applying the precedent to decline rejection of bail solely because other cases were pending.

Court's Reasoning and Analysis

The court accepted the submission of learned counsel for the petitioner that pendency of other cases by itself was not a ground to reject bail, relying on jaipal v. State of rajasthan,1. On that basis the court was inclined to and did grant bail under Section 439 Cr.P.C., prescribing conditions for release.

Holding and Implications

Bail granted under Section 439 Cr.P.C.

Direct effect: The accused petitioner is ordered to be released on bail on furnishing a personal bond of Rs. 6,000 with two sureties of Rs. 3,000 each to the satisfaction of the trial court, with the stipulation to appear in that court as and when called upon during the pendency of the trial.

The opinion discusses no broader implications or establishment of new precedent beyond the application of the cited authority.

    Jaichand v. State Of Rajasthan

    R.S.Kejriwal:-

    (1) Petitioners bail application was rejected by the trial court on the ground that about 20 cases are pending against the petitioner.

    (2) Mr. Balwada argued that this is no ground for cancelling the bail application. In support of his argument, he placed reliance on jaipal v. State of rajasthan,1, wherein it has been held that if other cases were pending against the petitioner, in that case, the bail application should not have been rejected on that grand. I agree with the arguments advanced by learned counsel for the petitioner and as such i am inclined to grant him bail u/s 439 cr. P. C. It is, therefore, order perfect accused petitioner jail hand be released on bail provided, he furnishes a personal bail bond in the sum of rs. 6,000/ - with two sureties the sum of rs. 3,000/ - each to the satisfaction of the trial court with the stipulation to appear in that court, as and when called upon to do so during the pendency of the trial against him in this case.

    Use AI to get other relevant cases.

    Comments

    Jaichand v. State Of Rajasthan
    (May 30, 1991)