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2002 Supreme(SC) 168

B.N.AGARWAL, M.B.SHAH
Suresh Kumar Somabhai Rana – Appellant
Versus
Ashok Kumar Haraklal Mittal – Respondent


ORDER

Leave granted.

2. Heard the learned counsel for the parties.

3. Normally, this Court does not interfere in the bail matters and the orders of High Court are generally accepted to be final relating to grant or rejection of bail. However, it is really unfortunate that without considering the nature and gravity of offence, the High Court of Gujarat without recording any reasons has set aside the well-reasoned order passed by the trial Court, refusing the bail to the accused involved in an offence punishable under Sections 302 and 149 of the Indian Penal Code. Apart from the serious allegations made against the accused, it has been pointed out that while rejecting the bail application, trial Court has taken into consideration the following facts :

"While taking into consideration the provisions of section 149 of IPC to my mind, there is substantial allegation of serious offence against all the five accused of causing death by causing injuries with weapon like knife to the deceased Pareshbhai, against whom it appears, there is prima facie case, and it does not appear proper to enlarge such accused on bail.

Wife of accused Piyushbhai is a member of Palanpur Municipality and criminal pro









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