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ASHOKKUMAR C.JOSHI
Kamuben Somaji Bhavaji Thakore – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT (ORAL)
As both these applications arise out of the same FIR, the same were heard together and are being decided by this common judgment.
2. These applications are filed under Sections 439(2) of the Criminal Procedure Code, 1973 (CrPC) seeking cancellation of bail granted to the respondent No. 2 in the present applications – original accused by orders dated 07.05.2022 passed in Criminal Misc. Application Nos. 2491 of 2022 and 2492 of 2022 by the learned City Civil and Sessions Judge, City Civil and Sessions Court No. 5, Ahmedabad, whereby, the learned City Civil Judge was pleased to grant anticipatory bail the respondent No. 2 – original accused, for the alleged offence punishable under Sections 406, 420, 120-B of the Indian Penal Code, 1860 (IPC) for which, FIR No. 11191024220319 registered Ahmedabad City.
3. Heard, learned advocate Mr. Jayesh Dave for learned advocate Mr. Varun G. Rai for the applicant – original complainant and learned Additional Public Prosecutor for the respondent No. 1 – State.
3.1 The learned advocate for the applicant – original complainant vehemently submitted that despite the respondent No. 2 having been arraigned for a serious offence of chea
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
The main legal point established in the judgment is the need for judicious exercise of discretion in granting and cancelling bail, considering factors such as the nature of the accusation, severity o....
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
Advocates appeared :For the Appellant : Amit Lahoti For the Respondent : D. R. Sharma, V. D. Sharma, A. K. Nirankari
Successive anticipatory bail applications should demonstrate substantial changes in circumstances; principle of parity does not justify granting bail if relevant roles differ and prior application wa....
The power to grant bail should be exercised judiciously, taking into consideration the gravity of the offence, the evidence on record, and the likelihood of the accused tampering with evidence or inf....
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
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