K. V. VISWANATHAN, PRASANNA B. VARALE
Aashish Yadav – Appellant
Versus
Yashpal – Respondent
| Table of Content |
|---|
| 1. incident detail regarding the bail application and the fir. (Para 2 , 3 , 4) |
| 2. details of co-accused bail orders and their implications. (Para 5 , 6) |
| 3. arguments regarding the differing culpability of the respondents. (Para 9 , 10) |
| 4. court's observations on the nature of evidence and application of bail. (Para 11 , 12 , 13 , 14 , 16 , 18) |
| 5. final ruling and directive on bail. (Para 20 , 21) |
JUDGMENT :
1. Leave granted
3. The brief facts leading to the present appeal are as under-
4. During Investigation, three eyewitnesses were examined out of which two were injured by the bullets fired. The statements given by all the three eyewitnesses were consistent and converged to confirm the incident. Further, based on the information given by Vickky @ Kartoos in his statement under Section 27 of the Indian EVIDENCE ACT ,1872 the pistol/weapon from which shots were fired was recovered from the house of accused respondent No. 1. He also identified the location where the test shots were fired. Chargesheet was filed after completion of the investigation under Sections 3 41, 323, 307, 302, 120B, 147, 148, 149 of IPC and Sections 3 , 25, 5, 27 of ARMS ACT before the Learned Trial C
In serious criminal cases involving conspiracy, bail should not be granted based solely on parity with co-accused; all evidence and potential for witness tampering must be thoroughly evaluated.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
Bail cannot be granted solely on ground of parity without considering relevant features of case.
Bail – Parity is not the sole ground on which bail can be granted – Court, while granting bail, has to consider a number of aspects – While utilizing parity as a ground for bail, same must focus on r....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
(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....
The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.
(1) Once bail has been granted it would require overwhelming circumstances for its cancellation.(2) Bail can be revoked by a superior court when previous court granting bail has ignored relevant mate....
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