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ILESH J. VORA
Jayendrasinh Alias Jaydipsinh Chanubha Gohil – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Ilesh J. Vora, J.
1. Heard Mr. N.D. Nanavaty, learned Senior Counsel assisted by Mr. A.S. Timbalia, learned counsel for the applicant – Jayendrasinh @ Jaydipsinh Gohil and Ms. Shruti Pathak, learned Additional Public Prosecutor for the respondent State.
2. This is the fourth successive bail application is preferred under Section 439 of the Code of Criminal Procedure.
3. The relevant details are as under:
| (1) | Date of Incident | 17.09.2021 at 22-30 hrs. |
| (2) | Date of registration of FIR | 18.09.2021 registered with Gandhinagar Sector-7 Police Station for the offence punishable under Sections 302, 114 of the Indian Penal Code and Section 25(1-b) (a) of the Arms Act and Section 135 of the Gujarat Police Act. |
| (3) | Date of Arrest | 23.09.2021. |
| (4) | Date of chargesheet | 04.12.2021 (Sessions Case No. 116 of 2021) |
| (5) | Date of charge frame | 17.09.2022. |
| (6) | Date of commencement of trial | 17.12.2022. |
4. Factual details relevant to dispose of this successive bail application are summarized as under:
The court established that a prima facie case and the accused's conduct are critical in bail considerations, especially in serious offenses like murder.
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....
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 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 severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
Delay in trial cannot be used as a ground for bail.
The principle that bail is the rule and jail is the exception is reaffirmed, especially when an accused has been in custody for an extended period without trial progress.
The right to a speedy trial is fundamental, and prolonged detention without trial is unjustifiable, especially in the absence of compelling evidence against the accused.
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