HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
TOFIKALI MOHMED MEMON – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. consideration of bail factors (Para 5) |
| 2. bail is a rule (Para 7) |
| 3. appeal for bail granted (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.11184007241075 of 2024 registered with Nasavadi Police Station, Chhotaudepur for the offence under Sections 108, 351(3), 351(4) of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Sections 3(2)(v), 3(1)(r) and 3(1)(s) of the Atrocity Act.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 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 filed;
(4) Now, nothing is required to be discovered or recovered from the accused and there is no possibility of the trial taking place in the near future;
8.
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 jail is the exception; courts must consider the presumption of innocence and the completion of investigation when granting bail.
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.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless substantial grounds exist for denial.
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 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.
Bail is the rule and jail the exception, emphasizing personal liberty under Article 21, especially when pre-trial detention amounts to wrongful conviction.
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.
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