Back
Pragnesh Harshadbhai Patel @ P. G. @ Pragnesh Gota – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Heard learned Senior Advocate Mr. I. H. Saiyed with learned Advocate Ms. Zeal H. Shah for the applicant, learned APP Mr. J. K. Shah for the respondent-State and learned Advocate Mr. R. J. Goswami with learned Advocate Ms. Punita H. Joshi for the first informant.
2. This successive application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released on regular bail in connection with F.I.R. being C.R. Part-A No.11191030200061 of 2020 registered with Mahila Police Station (West), Ahmedabad City, on 03.11.2020, for the offences punishable under Sections 376(D), 120(B), 406, 294(B), 506(2), 328, 362 and 114 of the Indian Penal Code and Section 17 of the Indian Passports Act.
3. At the outset, it is required to be noted that the applicant had originally preferred an application being Criminal Misc. Application No. 18132 of 2021 for being released on regular bail and vide order dated 04.02.2022, this Court had permitted the applicant to withdraw the said application with liberty to approach this Court as and when new cause of action arises or the evidence of the prosecutrix is recorded in the trial, whichever is earlier.
4. Learned
Point of law: There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by ....
Point of law: It needs to be noted that the role attributed to the applicant and his son is almost identical and similar except to the extent that the applicant made two calls to the first informant ....
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
The judgment established the principle that the right to individual liberty must be balanced with the interest of society, especially when there is prolonged detention without commencement of trial a....
The main legal point established is that the addition of Section 120(B) of the IPC does not automatically imply the applicant's involvement as a conspirator, and bail decisions should consider the in....
The court emphasized that fresh circumstances, including the complainant's retraction of allegations, can justify granting bail even after previous applications were denied.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
