Back
NIRZAR S. DESAI
Pareshbhai Tabhabhai Chauhan – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Heard learned Senior Advocate Mr. N.D. Nanavaty with learned advocate Mr. Laxmansinh M. Zala for the applicant, learned advocate Mr. K.S. Chandrani for the original complainant and learned Additional Public Prosecutor Mr. Manan Mehta for the respondent – State.
2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11208003220447 of 2022 registered with Gandhigram-2 University Police Station, District: Rajkot City for offences punishable under Sections 302, 307, 337, 325, 324, 323, 504, 427, 114 and 120(B) of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.
3. Learned Senior Advocate Mr. N.D. Nanavaty assisted by learned advocate Mr. Laxmansinh M. Zala submitted that the only role which is attributed to the present applicant is that he was doing videography at the time, when the deceased person was given a brick blow by the co-accused. Except, for the role of videography of the incident, the present applicant has beaten some other accused, which is not proved to be a fatal blow, except that, there is no role attributed to the pre
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....
Point of Law : Grant of Bail looking at the nature of allegations made against the applicant in the FIR.
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
The seriousness of the charges and the distinct role of the applicant in the crime outweighed the claim of parity with co-accused, leading to the rejection of the bail application.
The severity of the accusation, the gravity of the offence, and the accused's criminal history are crucial factors in determining bail eligibility.
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
