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NIRZAR S. DESAI
Bhagubha Hasubha Vaghela – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 [‘Cr.P.C’, for short], the applicant has prayed for regular bail in connection with FIR being CR.No.11993005200314 of 2020 registered with Adesar Police Station, Bhachau, Dist.Kutch for offences punishable under Sections 302, 143, 144, 147, 148, 149, 341, 384, 506(2), 120(b) and 34 of Indian Penal Code along with sections 25(1-a), 25(a), 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act.
2.1 The present applicant is one of the accused persons pursuant to FIR in respect of which accused Vishan Hira Koli, Pravin Hira Koli, Sidhrajsinh Bhagubha Vaghela, Khetabhai Parbat Koli, Vanraj Karshan Koli and Dinesh Karshan Akhiyani (Koli) were enlarged on bail by various orders passed by different coordinate Benches of this Court and the orders granting bail to those accused persons were challenged before the Hon’ble Supreme Court.
2.2 The Hon’ble Supreme, vide judgment dated 20.04.2021 quashed and set aside the order of this Court whereby bails were granted to each of those ac
(1) Judicial discretion in granting or refusing bail, as in case of any other discretion which is vested in a court as a judicial institution, is not unstructured.(2) Parity while granting bail must ....
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
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....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
Court granting bail cannot obviate its duty to apply judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail.
(1) Bail – Order granting bail in a mechanical manner, without recording reasons, would suffer from vice of non-application of mind, rendering it illegal.(2) Court deciding bail application cannot co....
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