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NIKHIL S. KARIEL
Sushilaben Yashwantbhai Solanki – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
1. Admit. Learned Advocates for the respective respondents waive service of notice of Admission. With the consent of parties, the present appeals are taken up for final hearing.
2. Heard learned Advocate Mr.Vivek Bhamare for the appellant in Criminal Appeal No.514 of 2020 and Criminal Appeal No.286 of 2021 and learned APP Mr.L. B. Dabhi for the appellant State in Criminal Appeal No.1840 of 2021, and learned Advocate Mr.R. J. Goswami appearing on behalf of the private respondents in all the three Appeals. Since all the three Appeals challenge the validity of the orders granting regular bail to the accused of the very self-same FIR, all the Appeals are heard and decided together.
3. Criminal Appeal No.514 of 2020 has been preferred by the mother of the victim of FIR bearing I-C. R. No.13/2019, challenging an order passed by the learned 4th Additional Sessions Judge, Viramgam dated 15.10.2019 in Criminal Misc. Application No.309 of 2019, whereby regular bail had been granted to respondents No.2 to 5 therein, original accused Nos.3, and 5 to 8 of the said FIR.
4. Criminal Appeal No.286 of 2021 preferred by the mother of victim of the FIR referred herein above and Criminal Appeal
The discretion to grant bail must be exercised judiciously, considering the gravity of the offence, evidence, and potential obstruction of justice.
(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 main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
(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....
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
(1) Once bail has been granted it would require overwhelming circumstances for its cancellation.(2) Bail can be revoked by a superior court when previous court granting bail has ignored relevant mate....
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