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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MAHAMMAD VAASIM MANSURMIYA IJAJODDIN MALEK – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. learned advocate appearing on behalf (Para 3) |
| 2. learned app appearing on behalf (Para 4) |
| 3. while granting bail, the court (Para 5) |
| 4. i have heard the learned advocates (Para 6 , 7) |
| 5. in the facts and circumstances (Para 8 , 9 , 10 , 11) |
| 6. rule is made absolute (Para 12) |
ORDER :
1. RULE. Learned APP waives service of rule for the respondent State.
2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11215006240381 of 2024 registered with Borsad City Police Station, District Anand for the offences punishable under Sections 299, 325, 61(2) (A) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and section 8(2) of the Gujarat Animal (Prevention) Act, 1954.
3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. The applicant is not named in FIR. The only allegation against the applicant is that he has sold the cow and there is no direct allegation as regards slaughtering of cow in the entire charge-sheet papers. Further, investigation is over and charge-sheet is file
Bail is the rule and jail is the exception; pretrial detention should not equate to conviction, emphasizing personal liberty under Article 21.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when trial proceedings will take time.
Bail is the rule and jail the exception, emphasizing personal liberty under Article 21, especially when pre-trial detention amounts to wrongful conviction.
Discretionary bail may be granted based on the nature of allegations, even amidst ongoing investigations, provided suitable conditions are imposed.
Bail is the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
Bail is a rule and jail is an exception, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless justified otherwise.
The court emphasized that bail is a rule and pre-trial detention is an exception, affirming the presumption of innocence and personal liberty under Article 21.
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