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NIRZAR S. DESAI
Rameshbhai Revabhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. At the outset, after arguing the matter for almost three and half hours, once the arguments were concluded, though, learned advocate Mr. B. M. Mangukiya for the applicant never experience that any of his contentions were left out to be incorporated in the order in the past, apprehended that this Court may not incorporate some of the contentions raised by learned advocate Mr. Mangukia and therefore, the order is being dictated in presence of learned advocate Mr. B. M. Mangukiya and learned advocate Ms. Bela A. Prajapati.
2. By way of this application, preferred under section 439 of the Criminal Procedure Code, the applicant has prayed for his release in connection with the offence registered in CID Crime Police Station vide FIR I-9 of 2021 dated 18.08.2021.
3. The application for bail was preferred on 18.09.2021. At the time, when the bail application was preferred, the applicant was represented by some other advocate. Thereafter, the applicant was enlarged on temporary bail vide order dated 20.12.2021 as the assurance was given on behalf of the counsel of the applicant that the earnest efforts would be made for repaying the amount and to show bonafides particularly be
The judgment emphasizes the right to a speedy trial under Article 21 of the Constitution of India and the consideration of fresh grounds for a second bail application in cases involving financial fra....
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 court emphasized that fresh circumstances, including the complainant's retraction of allegations, can justify granting bail even after previous applications were denied.
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
The main legal point established is that bail is the rule and jail is the exception, and the decision to grant bail should consider the seriousness of the charge and the severity of the punishment.
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
The entitlement to bail under Section 436A of Cr.P.C. and the liberty granted by the Supreme Court to file a fresh bail application if the trial extends beyond six months of the dismissal of the prev....
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