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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ALPESH @ JADIO JAGDISHCHANDRA JARIWALA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. learned app waives service (Para 1 , 2) |
| 2. applicant is innocent (Para 3) |
| 3. applicant is having similar (Para 4) |
| 4. consider the involvement (Para 5) |
| 5. i have heard the learned (Para 6) |
| 6. the law laid down (Para 7) |
| 7. the authorities will release (Para 9 , 11) |
| 8. bail bond to be executed (Para 10) |
| 9. 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.11210012240846 of 2024 registered with Chowk Bazaar Police Station, Surat for the offences under Sections 420, 120(B), 465, 467, 468 and 471 of Indian Penal Code, 1860 .
3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. Chargesheet has been filed. Based on the suspicion, the applicant is arrested. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned AP
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, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
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; considerations for granting bail include nature of accusations and absence of past criminal record.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
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 a rule and jail is an exception; personal liberty under Article 21 must be upheld unless justified otherwise.
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; pre-trial detention is unjustified when significant delays in prosecution occur.
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