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NIRZAR S. DESAI
Dharmeshbhai Manilal Patel @ Dharmatma Patel – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Rule. Ms. Shruti Pathak, learned Assistant Government Pleader waives service of rule on behalf of respondent - State and learned advocate Mr. Ekant Ahuja waives service of rule on behalf of original complainant. With the consent of parties, the application is taken up for final hearing today itself.
2. By way of this successive application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking to release him on regular bail in connection with the FIR being C. R. No. 11191065230414 of 2023 registered with Narol Police Station, District Ahmedabad for the offences punishable under Sections 120 B, 323, 294 (b), 384, 386, 506 (2) and 507 of the Indian Penal Code, sections, 5, 40, 42 (a), 42 (b) and 42 (2) of the Gujarat Money Lenders Act.
3. As per the FIR registered by one Kamalkumar Deshraj Dogra, it is stated that he is having various business stated in the FIR and he is staying with his family. In March 2020, due to Corona, there was a recession in business and therefore, the first informant was facing financial crisis and therefore, he contacted one Falgun Bipinbhai Mehta and requested him to lend some money, in turn Falgun Bipinbhai Mehta
The court emphasized that fresh circumstances, including the complainant's retraction of allegations, can justify granting bail even after previous applications were denied.
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....
Larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 have been taken into account to make a c....
Point of law: There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by ....
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
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....
Delay in trial cannot be used as a ground for bail.
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