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ILESH J. VORA
Sunil Babubhai Bajaniya – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard learned Senior Counsel Mr.B.B. Naik, assisted by Mr.Sanjay Prajapati, learned counsel for and on behalf of applicant-accused, learned Senior Counsel Mr.J.M. Panchal assisted by Mr.Ekant Ahuja, for the original informant and Ms.Krina Calla, learned APP for the respondent-State.
2. This regular bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code” for short) by the applicant-accused in connection with C.R.No.11191005220281 of 2022, registered at Khadia Police Station, Ahmedabad, for the offences punishable under Sections 143, 144, 147, 148, 149, 201, 302 and 120B of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.
3. According to the prosecution case, accused no.1-Montu @ Namdar Gandhi is the cousin brother of the complainant – Pawan Mukesh Gandhi. Accused no.1, married to sister of the complainant in the year 1992 which was not acceptable by the family members, as a result of which, there were inter-se family disputes. The father of the complainant had executed the Will in the year 2020, wherein sister of the complainant was not given any share in the property and theref
The court considered the lack of disclosure of the applicant's name for a considerable time, absence of T.I. Parade, and the absence of past record of the applicant in granting bail.
The grant or refusal to grant bail lies within the discretion of the Court and is regulated by the facts and circumstances of each particular case.
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....
Repeated offenders who commit crimes while on bail should not be granted bail, and the trial should be expedited. The nature of offenses and the general conduct of the accused are crucial factors in ....
Bail applications in serious offenses require substantial evidence; mere suspicion is inadequate for granting bail.
The decision emphasized the importance of incriminating evidence and completion of investigation in considering a bail application.
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