HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
IBRAHIM @ IBHLO KARIMBAHI KATHROTIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. bail application details (Para 2 , 6) |
| 2. arguments for bail (Para 3 , 4) |
| 3. considerations for bail (Para 5) |
| 4. principle of bail jurisprudence (Para 7) |
| 5. bail granted with conditions (Para 8 , 9 , 10) |
ORDER :
2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) for regular bail in connection with FIR being C.R. No.11208051240226 of 2024 registered with B Division Police Station, Rajkot for the offence under Sections 307, 323, 324, 294(b) and 114 the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Sections 3(1)(r), 3(2)(v) of the Atrocity Act and Section 135 of the GP Act.
4. Learned APP appearing on behalf of the respondent-State and learned advocate for the complainant have opposed grant of regular bail looking to the nature and gravity of the offence and Therefore, the present appeal may be dismissed.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(2) The investigation is over and charge-sheet is f
Bail is the rule and jail is the exception; courts must consider the presumption of innocence and the completion of investigation when granting bail.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when the investigation is complete and no further recovery is needed.
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 a rule and jail is an exception; pre-trial detention is unjustified when significant delays in prosecution occur.
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 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; courts must consider the nature of accusations, public interest, and the accused's character when granting bail.
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