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SWARANA KANTA SHARMA
Ramdev @aman – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
CRL.M.A. 22235/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
BAIL APPLN. 2751/2023
3. The instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking grant of regular bail in case FIR bearing no. 329/2020 registered at Police Station Patel Nagar, Delhi for offences punishable under Section 307/506/201/120B/34 of Indian Penal Code, 1860 (`IPC') and Section 25/27 Arms Act, 1959.
4. Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of the State.
5. Brief facts of the present case are that on 10.07.2020, at about 5:40 PM, when the complainant Mr. Lakshay Nagpal had reached near HDFC Bank East Patel Nagar, two boys had come on a motorcycle and the boy sitting on the rear seat of motorcycle had shot at complainant. As a result, the complainant had suffered a gunshot injury on his right buttock. The complainant was taken to Dr. BLK Hospital, Rajendra Place for treatment where his MLC was prepared and the injury was opined to be grievous in nature. The statement of complainant was recorded wherein it was s
Granting bail is a judicial function that requires careful consideration of the specific role of the accused and the gravity of the offence.
The main legal point established in the judgment is the importance of evidence, the nature of the accusations, and the severity of the punishment in considering the grant of bail, as well as the prin....
The basic rule of the criminal justice system is bail and not jail, and the denial of bail amounts to deprivation of personal liberty.
Rejection of bail – Intention to kill - Petitioner had fired a pistol shot on him with an intention to kill him and in this background, petitioner cannot claim parity with other accused for bail.
Court denied bail due to serious allegations and corroborative evidence, emphasizing the burden of proof rests on the petitioner and the seriousness of the charges involved.
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