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J. C. DOSHI
Bharat Jayantilal Raval – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. Rule. Learned APP waives service for the Respondent-State and learned Advocate, Mr. Das, waives for Respondent No. 2 the original complainant.
1.1 By way of the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the ‘Act of 1989’) the appellant-original accused has prayed to release him on regular bail in connection with FIR being C.R. No. 11993010200842 of 2020, registered with Rapar Police Station, Kachchh, under Sections 302 and 120B of the Indian Penal Code, Section 135 of the G.P. Act and Section 3(2)(v) of the Act of 1989.
2. The brief facts of the case of the prosecution are that the husband of the first informant, namely Devjibhai Maheshwari, was an advocate by profession. The deceased-Devjibhai accepted the brief of Luhar Samajwadi, which no other advocate was willing to take-up, due to the fear of original accused Nos. 2 to 9. It is, further, stated in the FIR that the deceased-Devjibhai had been trying to get registered an FIR for several days before his death, but, police was not registering the same. According to the first informant, when the accused persons did not suc
The judgment established the principle that the right to individual liberty must be balanced with the interest of society, especially when there is prolonged detention without commencement of trial a....
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
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....
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
Bail – Period of long undertrial detention alone is not a ground to grant bail to accused—Gravity of offence alleged against accused is also a criterion to be considered by Court while deciding bail ....
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 delay in trial, the seriousness of the offences alleged, and the objections raised by the prosecution and intervenor were key factors in denying bail to the petitioner.
Point of Law : There is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be considered on facts and circumstances of each case and on its own merits.
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