Back
ILESH J. VORA
VISHV @ VISHU S/O JIGNESHBHAI RAMI – 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 advocate 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 therefore, accused no. 1 and his wi
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 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 decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
The court denied bail based on the gravity of the charges and substantial corroborating evidence of the applicant's active involvement in the murder.
Point of Law : Rejection of Bail - Several of co-accused are still absconding - There is a likelihood of applicant also jumping bail and flee from justice since many of his associates are yet to be a....
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 ....
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 significance of individual liberty balanced with societal order in considering bail applications.
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
