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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
IDRA @ UDESING KADIYABHAI DAMOR (TAHED) – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. learned advocate appearing on behalf (Para 2 , 3) |
| 2. learned app appearing on behalf (Para 4) |
| 3. while granting bail, the court (Para 5 , 6) |
| 4. this court has also taken into consideration (Para 7) |
| 5. in the facts and circumstances (Para 8) |
| 6. the authorities will release (Para 9) |
| 7. bail bond to be executed (Para 10) |
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 I-C.R. No.68 of 2001 registered with Limkheda Police Station, Dahod for the offences punishable under Sections 395 and 397 of the Indian Penal Code.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 14.10.2024. It is submitted that the incident occurred in the year 2001 where as the applicant is arrested on 2024. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions.
4. Learned APP
Bail is a rule and jail is an exception; pre-trial detention is unjustified when significant delays in prosecution occur.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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 the rule and jail the exception, emphasizing personal liberty under Article 21, especially when pre-trial detention amounts to wrongful conviction.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
The court emphasized that bail is a rule and pre-trial detention is an exception, prioritizing personal liberty and the absence of evidence against the accused.
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.
Bail is a rule, and jail is an exception; personal liberty under Article 21 must be prioritized, especially when the investigation is complete and trial is delayed.
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