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2021 Supreme(SC) 240

RAMESH BHAVAN RATHOD – Appellant
Versus
VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) – Respondent


Advocates Appeared:
For the Appellant(s) :Jaikriti S. Jadeja, Advocate
For the Respondent(s):Nikhil Goel, J.S. Attri, Sr. Adv. Haresh Raichura, Saroj Raichura, Kalp Raichura, Ram Bhadauria, Aniruddha P. Mayee, Purvish Jitendra Malkan, Dharita Purvish Malkan, Jitendra M Malkan, Deepa Gorasia, Alok Kumar, Neha Ambashtha, Nandini Chhabra, Bhavna Sarkar, Advocates

Judgement Key Points

Key Points: - The judgment discusses bail as a judicial discretion requiring recording of reasons and proper application of mind (!) (!) (!) . - It criticizes High Court’s reliance on parity and mere similarity of weapons without considering accused roles and the gravity of offences; emphasizes cross-FIR content and five deaths to assess seriousness (!) (!) (!) (!) . - It cites Sanjay Chandra and Ram Govind Upadhyay standards for factors to weigh in bail decisions, including gravity, likelihood of repetition, witnesses’ safety, and prima facie involvement (!) (!) (!) (!) (!) . - It holds that bail orders granting parity-based relief without adequate reasoning constitute perversity and are set aside; directs reconsideration with proper reasoning (!) (!) . - It concludes by setting aside specific High Court bail orders for six accused and remanding to Sessions for compliance, with details of accused and dates of prior orders (!) (!) (!) (!) (!) (!) .

What is the standard for granting bail under Section 439 CrPC as applied by the Supreme Court in this case?

What are the errors identified by the Supreme Court in the High Court’s bail orders and how should parity be properly considered in bail decisions?

What are the consequences or reliefs ordered by the Supreme Court regarding bail orders in this batch of cases?


JUDGMENT :

Dr. Dhananjaya Y Chandrachud, J

1. This batch of five appeals arises from orders of the High Court of Gujarat granting bail, under Section 439 of the Code of Criminal Procedure 19731[“CrPC”], to six persons who have been implicated in five homicidal deaths.

2. A First Information Report (“FIR”) being CR No 11993005200314 was registered on 9 May 2020 at Police Station Aadesar, District East Kachchh - Gandhidham for offences under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 of the Indian Penal Code, Sections 25(1-b) A, 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act. The appellant - Ramesh Bhavan Rathod - is the informant on whose statement, the FIR was registered at 1930 hours in respect of an incident which took place at 1300 hours. The incident took place in village Hamirpur which is at a distance of 20 kms from the police station. The incident which led to the commission of five murders had its genesis in a land dispute. The informant alleged that he and his brother Pethabhai had gone to their farm at 6:00 am. At 1 pm, the

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