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VIKRAM NATH, PRASANNA B. VARALE
Pradip N. Sharma – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. Leave granted.
2. The present appeals have been preferred by the appellant-accused in First Information Report1 [In short “FIR”] being I-C.R. No. 33 of 2011 registered on 12.05.2011 with Tankara Police Station, Rajkot (Rural), Gujarat for offences under Sections 409, 219 and 114 of the Indian Penal Code, 1860.2 [In short “IPC”]
3. Appeal arising from SLP (Crl.) No. 354 of 2019 has been preferred against the judgment dated 12.12.2018 passed by the High Court of Gujarat in R/Criminal Misc. Application No. 7960 of 2011, dismissing the appellant’s prayer for quashing of the above-mentioned FIR.
4. Appeal arising from SLP (Crl.) No. 2812 of 2019 challenges the order of the High Court dated 28.02.2019 in R/Criminal Misc. Application No. 2367 of 2019, whereby the High Court rejected the appellant’s prayer for anticipatory bail in the abovementioned case.
5. The facts giving rise to both the above proceedings are that an FIR being I-C.R. No. 33 of 2011 was registered against the appellant for offences under Sections 409, 219 and 114, IPC at the instance of respondent no. 2 in the appeal arising from SLP (Crl.) No. 354 of 2019. The complainant was the Mamlatdar of village Tankara a
(1) Quashing of criminal case – Scope of allowing prayer for quashing is limited and is to be exercised only in exceptional cases where it is manifestly clear that no offense is made out – At the sta....
The main legal point established in the judgment is that orders granting bail can be set aside if found to be perverse, illegal, or unjustified, especially in cases involving serious allegations.
(1) Ordinarily, an injured witness would not tell a lie as to actual assailants, but there is no presumption or any basis for assuming that statement of such a witness is always correct or without an....
Anticipatory bail can be granted when custodial interrogation of applicants is not necessary.
The main legal point established in the judgment is that custodial interrogation may be necessary in cases involving forgery and fabrication of documents, especially when the accused are well aware o....
A First Information Report can be quashed when it fails to establish a prima facie case of criminal offense and undue delays violate the right to a speedy trial, as protected under Article 21.
Applicability of Prevention of Corruption Act was not restricted to local authorities but referred to any public body having public or statutory duties to perform and which earned on activities of pu....
The court emphasized the need to carefully evaluate the entire material against the accused, strike a balance between no prejudice to investigation and unjustified detention, and consider reasonable ....
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