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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BIPIN HARIBHAI JADAV – Appellant
Versus
STATE OF GUJARAT – Respondent
The legal document indicates that the hon'ble court emphasized the fundamental principle that bail is a rule and jail is an exception, highlighting the importance of personal liberty under Article 21 of the Constitution. The court reiterated that pre-trial detention should not amount to a conviction and underscored that the conclusion of trial will take time, which supports the view that continued detention without conviction may infringe upon personal liberty rights (!) (!) .
Additionally, the court noted that once the charge-sheet is filed and there are no recovery requirements from the accused, the likelihood of tampering with evidence diminishes, strengthening the case for granting bail (!) .
While the document references legal principles and jurisprudence, it does not specify any new legal doctrine or principle established by the hon'ble Supreme Court. Instead, it reaffirms established principles of bail jurisprudence, emphasizing the importance of individual liberty and the presumption of innocence until proven guilty.
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.11201002240010 of 2024 registered with CID Crime Ahmedabad Zone Police Station, Ahmedabad City for the offences punishable under Sections 420, 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860 (for short “IPC”).
3. Learned advocate appearing on behalf of the applicant submits that applicant is behind the bars since 17.08.2024 and now nothing is required to be recovered or discovered as the charge-sheet is filed. Further, the role attributed to the applicant is that he forged the certificate on the basis of which co-accused secured government job in Institute of Kidney Diseases and Research Center. However, now the charge-sheet is filed and therefore, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when the charge-sheet is filed and no recovery is needed.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld when investigation is complete and no further recovery is needed.
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.
Bail is the rule and pre-trial detention is the exception; courts must consider the nature of allegations 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.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
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