[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Smt Keli Devi vs State Of Rajasthan (2025:Rj-Jd:53810) on 11 December, 2025
[2025:RJ-JD:53810]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1470/2025
1. Smt Keli Devi W/o Suresh Kumar, Aged About 40 Years,
R/o Chamunda Fli, Santpur, Abu Road, District Sirohi Raj..
2. Suresh Kumar S/o Pka Ram, Aged About 44 Years, R/o
Chamunda Fli, Santpur, Abu Road, District Sirohi Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Harish Chand S/o Kesrimal, A/27, RIICO, Abu Road,
District Sirohi Raj.
----Respondents
For Petitioner(s) : Mr. Vinod Sikhwal for Mr. Hemant Jain
For Respondent(s) : Mr. Surendra Bishnoi, PP
Mr. Arpit Surana for respondent No.2
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
11/12/2025
1. The matter comes up on an application (I.A. No.1/2025) filed
by the petitioners for preponement of date of hearing.
2. For the reasons mentioned, the application is allowed.
3. With the consent of learned counsel for the parties, the
matter is finally heard today itself.
4. After arguing for some time, learned counsel for the
petitioners does not want to press the present revision petition;
however, seeks liberty for the petitioners to appear before the
learned Trial Court for seeking regular bail.
5. Learned counsel for the petitioners has relied upon the
judgment passed by a Co-ordinate Bench of this Court in S.B.
Criminal Misc. Bail Application No. 11451/2023
(Uploaded on 16/12/2025 at 11:05:24 AM)
[2025:RJ-JD:53810] (2 of 3) [CRLR-1470/2025]
(Dharmendra Panwar Vs. State of Rajasthan), decided on
07.10.2023, wherein the jurisprudential aspects of Section 437
Cr.P.C. have been discussed. The relevant paragraphs are
reproduced hereinbelow:
"8. Section 437 CrPC talks about the circumstances when bail can
be granted in cases where non-bailable offences are alleged to
have been committed. It states that when any person who is
accused of or suspected of commission of anon-bailable offence is
arrested or detained; is brought before the Court of a Magistrate;
or appears before the Court of a Magistrate, such person may be
released on bail except in two conditions; the first condition being
that if reasonable grounds appear for believing that such person
has been guilty of committing an offence which is punishable by
death or life imprisonment, he shall not be released on bail and the
second condition being that if the offence alleged to have been
committed by such person is a cognizable offence and if he had
been convicted of an offence punishable with death, imprisonment
for life or imprisonment for seven years or more on a previous
count or if he had been convicted for commission of a cognizable
offence punishable with a term of imprisonment amounting to three
years or more but not less than seven years on two or more
occasions, such person shall not be released on bail.
9. These two conditions are further qualified by the first proviso of
the provision of Section 437 which prescribes that persons falling
into the orbit of the afore-mentioned two conditions may be
released on bail if such persons are under the age of sixteen years,
women, sick or infirm. Another qualification to the second
condition is that any person falling under that ambit may be
released on bail by a Court of Magistrate if it is just and proper to
do so owing to any special reason. Coming to the second clause of
Section 437 of CrPC, it is manifested that the Magistrate may
release an accused if there are no reasonable grounds to believe
that the accused has committed a non-bailable offence but there
are grounds sufficient enough to conduct further inquiry into his
guilt.
10. There is yet another discretion vested in the Magistrates
through sub-clause (6) of Section 437 of CrPC which empowers
them to release any person whose trial has not been concluded
within sixty days from the first day fixed for evidence in cases
triable by Magistrate provided that such person was in custody for
the whole of this period spanning over sixty days.
11. Lastly, sub-clause (7) of Section 437 entitles the Magisterial
Courts to release a person who is in custody and is accused of non-
bailable offence on bail during the period that his trial is
concluded but the judgment has not been delivered and the Court is
of the opinion that there are reasonable grounds to believe that the
accused is not guilty of any such offence."
(Uploaded on 16/12/2025 at 11:05:24 AM)
[2025:RJ-JD:53810] (3 of 3) [CRLR-1470/2025]
6. It is, therefore, prayed by learned counsel for the petitioners
that the learned Trial Court may be directed to consider the
regular bail application of the petitioners in the light of Section
437 Cr.P.C. on the very same day.
7. Learned Public Prosecutor as well as learned counsel for
respondent No.2 have no objection to the present revision petition
being dismissed as not pressed.
8. Learned counsel for respondent No.2 further submits that
the petitioner has not surrendered for the last two months,
despite the expiry of the time granted for surrender.
9. After considering the facts and circumstances of the case,
the present revision petition is dismissed as not pressed.
10. However, it is expected that the learned Trial Court shall
consider and decide the regular bail application of the petitioners
in light of provisons of Section 437 Cr.P.C. on the very same day,
strictly in accordance with law.
11. The petitioners are directed to surrender before the learned
Trial Court on or before 12.01.2026.
(MUKESH RAJPUROHIT),J
35-Ramesh/-
(Uploaded on 16/12/2025 at 11:05:24 AM)
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