RATANSINGH NIHALSINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 498 of the Criminal Procedure Code by five accused, who are said to have been challaned under Sections 395 and 397 of the Indian Penal Code. Their application for bail was dismissed by the Special Judge, Morena.

(2.) THE right to be at liberty is a valuable right and when an application is given for bail, it is this valuable right which the accused seeks from the Court. Such applications are not to be mechanically or perfunctorily dismissed. After seeing the record, the Court must apply its mind to the facts of the case and then decide whether or not the accused should be given his freedom till the decision of the case. What I find is that the lower Courts instead of applying their minds to the case, often make a trite observation that the offence being a serious one, the accused need not be released on bail.

(3.) THE accused, in this case, were arrested on 17-4-58 and kept in custody for about 2 months after which an identification parade was arranged. I should not like to express any opinion on the value of such identification. But I understand that the alleged dacoity was committed on a dark-night near about mid-night, when it was Badi 13 and the moon was in the last stages of waning.