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M. R. MENGDEY
SHAHIN NOBLE PILLI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
M.R. MENGDEY, J.
1. The applicant has filed the present application under Section 438 and 442 of the BNSS against the order dated 17.8.2024 passed by learned Principal District and Sessions Judge, Designated Court, Rajkot in an application below Exh.26 in Sessions as GPID Case No. 17 of 2023, whereby the application filed by the applicant seeking discharge from the case came to be dismissed.
2. The facts and circumstances giving rise to the filing of the application are such that the FIR being I-C.R. No. 4/2019 came to be registered at CID Crime (Crime), Rajkot Zone, against the present applicant and the other co-accused for the offences punishable under the provisions of IPC and GPID Act. After the conclusion of the investigation, the investigating agency had filed charge-sheet against the accused persons before learned Special Court. The applicant herein thereafter had preferred an application below Exh.26 in Sessions (GPID) Case No. 17 of 2023 which came to be dismissed by learned Special Court, Rajkot vide impugned order. Being aggrieved and dissatisfied with the same, the applicant had preferred the present application.
3. Heard learned advocate Mr. N.M. Kapadia appeari
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Bail – Jurisdiction to grant bail has to be exercised cautiously on the basis of well settled principles having regard to facts and circumstances of each case.
A discharge petition requires sufficient prima facie evidence; an absence in FIR or co-accused acquittals alone cannot substantiate discharge claims.
Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law. The essence of the offence of co....
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