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J. C. DOSHI
Mansukhbhai Gandubhai Vasoya (Patel) – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the order dated 03.09.2022 passed by the learned Additional Sessions Judge, Gondal, District - Rajkot in Criminal Misc. Application No.382 of 2022, whereby the learned Sessions Judge has granted anticipatory bail to the respondent – original accused.
2. Facts of the case are as under :-
2.1. The applicant is the original complainant who has filed FIR being CR No.11213030220338 of 2022 registered with Lodhika Police Station, Rajkot for the offences punishable under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860, FIR being CR.No.11213030220338 of 2022 registered with Lodhika Police Station, Rajkot. It is relevant to mention that forged, fabricated and concocted documents dated 27.07.2018 have been created concerning valuable land of the present applicant value of which is in crores of rupees and the said document indicates that the present applicant had agreed to sell such valuable land at the rate of Rs.11,51,000/-. Based on the said forged and concocted document, a civil suit was filed before the competent Co
The main legal point established in the judgment is that the grant of anticipatory bail should be based on valid grounds, including the seriousness of the offence, the accused's criminal history, and....
Successive anticipatory bail applications should demonstrate substantial changes in circumstances; principle of parity does not justify granting bail if relevant roles differ and prior application wa....
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
The court emphasized the need to carefully evaluate the entire material against the accused, strike a balance between no prejudice to investigation and unjustified detention, and consider reasonable ....
Cancellation of bail requires overwhelming reasons and cannot be allowed to be a tool in the hands of the first informants.
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
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