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A. Y. KOGJE
Sujit Devisingh Pardesi – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
A.Y. KOGJE, J.
1. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.3 of 2019 registered with Gandhidham Railway Police Station, Kutch for the offence under Sections 302, 397, 201, 120B and 34 of the Indian Penal Code, Sections 25(1)(1B)a, 26 and 27 of the Arms Act, Sections 145(B) and 155 of the Indian Railways Act and Section 135 of the Gujarat Police Act.
2. Learned Advocate appearing on behalf of the applicant submitted that that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is aged 39 years and is in jail since 2019.
2.1 It is submitted that case against the present applicant is based on suspicion and it is a settled law that case based on suspicion cannot take place of proof. It is submitted that mere proximity or acquaintance with the persons who are made accused in itself cannot be the ground for implicating the applicant in such a serious offence.
2.2 It is submitted that the applicant was arraigned as accused in the FIR based on suspicion and now even after filing of t
Bail applications in serious offenses require substantial evidence; mere suspicion is inadequate for granting bail.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
The court upheld the trial court's rejection of bail, emphasizing the seriousness of the charges and the sufficiency of evidence against the applicant.
The main legal point established in the judgment is that the grant of bail was influenced by the lack of specific allegations, absence of corroborative evidence, and inconclusive electronic evidence ....
The main legal point established is that the addition of Section 120(B) of the IPC does not automatically imply the applicant's involvement as a conspirator, and bail decisions should consider the in....
The severity of the crime, the criminal record of the applicant, and the possibility of influencing witnesses are significant factors in determining bail eligibility.
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....
Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.
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