Kumer Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order passed by the High Court of Rajasthan, Jaipur Bench releasing the private respondents herein - Kamlesh, Bhojraj Singh and Arif on bail under Section 439 CrPC, in connection with FIR No.210 of 2017 dated 17.08.2017 registered with PS Laxmangarh, District Sikar, Rajasthan for the offences punishable under Sections 147, 148, 341, 323, 307, 427, 302 read with Section 149 of the IPC, the original informant/complainant - brother of the deceased has preferred the present appeals.
2. That the appellant herein lodged an FIR against the accused named in the FIR for the offences under Sections 147, 148, 341, 323, 307, 427, 302 read with Section 149 of the IPC having brutally killed his brother Sumer Singh who was the member of the Border Security Force and was on leave. The date of incident was 16.08.2017. 10 accused persons were named in the FIR including Kamlesh, Arif, and Bhojraj Singh - private respondents herein. That 26 injuries were found on the deceased Sumer Singh and 11 injuries on o
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
Court granting bail cannot obviate its duty to apply judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail.
The main legal point established in the judgment is the requirement for reasoned bail orders, especially in cases involving serious offenses, and the factors to be considered while granting bail.
The main legal point established in the judgment is the requirement of reasoned bail orders, the considerations for granting bail under Section 439 CrPC, and the importance of judicial discretion and....
(1) Habitual offenders having criminal proclivity should not be granted bail by Court.(2) Bail – Court must appreciate and consider nature of accusation and severity of punishment in case of convicti....
(1) Grant of bail requires consideration of various factors which ultimately depends upon specific facts and circumstances of case before Court – There is no strait-jacket formula which can ever be p....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
(1) Judicial discretion in granting or refusing bail, as in case of any other discretion which is vested in a court as a judicial institution, is not unstructured.(2) Parity while granting bail must ....
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