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GITA GOPI
Kevin Hasmukhbhai Patel – Appellant
Versus
Parth Kamal Kothari – Respondent
ORDER :
Gita Gopi, J.
1. Heard Mr. Bhunesh Rupera, learned advocate for the applicant, Mr. Darshan Varandani, learned advocate for respondent no.1 and Mr. Hardik Mehta, learned APP for the respondent–State.
2. RULE. Learned advocates waives service of Rule on behalf of the respective respondents.
3. The applicant is the original complainant. The brother of the deceased has made a prayer for quashing and setting aside the bail granted to respondent no.1-accused on 1.7.2023 vide order passed by the learned Sessions Judge, Vadodara in Criminal Misc. Application no.1500 of 2023 in connection with FIR no.11196030220696/2022 registered with Sayajiganj Police Station, Vadodara City under Section 302 of the IPC and Section 135 of the Gujarat Police Act.
4. Learned advocate Mr. Bhunesh Rupera for the applicant submitted that younger brother of the complainant Daksh was killed on 3.10.2022. The police had recovered knife, knife cover and mobile phone of the deceased from the place as pointed out by the accused. The CCTV footage captured shows that the accused and the deceased were last seen together. The CCTV footage of the places from where the accused had purchased the knife, water bottle, stri
The court established that bail in serious offenses must consider all relevant evidence, and failure to do so can lead to cancellation of the bail order.
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering the seriousness of the offence, the nature of the evidence, and the p....
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
Bail should not be granted mechanically; serious allegations against the accused warrant careful judicial consideration, especially in heinous crimes.
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) 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 ....
The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering factors such as the nature of the offense, severity of punishment, an....
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