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J. C. DOSHI
State Of Gujarat – Appellant
Versus
Mukeshbhai Rajabhai Bharvad – Respondent
JUDGMENT :
By way of the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner State has prayed to quash and set aside the order dated 23.05.2022 passed by the learned 2nd Additional Sessions Judge, Bharuch – Ankleshwar in Criminal Misc. Application No.324 of 2022, whereby the learned Session Judge has granted regular bail granted to the respondent – original accused in connection with offence punishable under Sections 376(3), 323, 337, 504, 506(2), 114 of Indian Penal Code as well as under Sections 4, 6 and 12 of the POCSO Act and Sections 3(1)(r)(s), 3(2)5, 3(2)(5-A), 3(1)W(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 registered vide Cr. 11199005220171 of 2022 before Netrang Police Station.
2. The short facts of the case are that on the date of incident while the victim after taking dinner had gone out, at that time, she received a message in her mobile phone from the accused no.1–respondent no.1 asking her to come at the terrace of one Mr.Kishorbhai Mahraj threatening her that in failure of her coming, he will cut his hand and therefore victim having scarred went to terrace; where accused – respondent
The main legal point established is the need for sound reasoning and consideration of relevant factors in granting bail, especially in cases involving serious offences and statutory presumptions of g....
The main legal point established in the judgment is that the grant of bail must be based on relevant considerations, and the heinous nature of the offence, statutory presumptions under the POCSO Act,....
The age of consent is irrelevant in bail decisions under the POCSO Act; factors such as the nature of the offence and the accused's behavior must guide discretion.
(1) Cancellation of bail – Concept of setting aside an unjustified, illegal or perverse order is totally different from concept of cancelling bail on the ground that accused has misconducted himself ....
Bail cannot be granted in sexual assault cases against minors without significant scrutiny of charges and evidence; serious errors by the High Court necessitated cancellation.
(1) Bail – Mere filing of charge-sheet does not, by itself, preclude consideration of application for bail.(2) Bail granted without due consideration of material factors warrants interference – In of....
The importance of complying with mandatory provisions of the law, recording reasons for granting or denying bail, and applying judicial mind in bail matters.
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