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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SUKETU PRAFULBHAI DESAI – Appellant
Versus
STATE OF GUJARAT – Respondent
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.11201016240010 of 2024 registered with CID Crime Surat Zone Police Station, Surat City for the offences punishable under Sections 409, 406, 420 and 120(B) of the Indian Penal Code, 1860 (for short “IPC”) and sections 4, 5 and 6 of the Prize Chit Money Circulation Scheme Banning Act and sections 22(1)(3), 22 and 25 of the Banning of Unregulated Deposit Schemes Act, 2019 (for short “BUDS Act”).
3. The case of the prosecution is to the effect that the accused Nos.1 to 18 made people to got themselves registered in the society known as “Shakti Multipurpose Co-op. Society Ltd.” initially at Maharashtra State and made the people to invest in various refundable plans assuring them with huge returns / profits and having succeeded in their intentions in the State of Maharashtra, accused persons during the period from 2015 to 2019 started offices at different places in Navsari and Surat and appointed accused No.19 and accused No.27 as Director and
Bail is a rule and jail is an exception; courts must consider the nature of accusations and public interest when granting bail.
The court emphasized that bail is the rule and jail is the exception, considering the applicant's lack of prior offenses and willingness to deposit funds.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.
The principle of bail as a rule and jail as an exception was upheld, emphasizing personal liberty and the completion of investigation as key factors in granting bail.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when the accused has no prior record and the trial may take time.
Bail is the rule and jail is the exception; courts must consider the nature of allegations and personal liberty when deciding bail applications.
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.
Bail is the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
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