HIGH COURT OF GUJARAT
MRM
PRAVIN S/O SUKHALAL RAJMAL SISODIYA (JAIN MARWADI) – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(M. R. MENGDEY, J.)
1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11214020222051 of 2022 registered with Kamrej Police Station, Surat Rural, Surat.
2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.
3. Learned Senior Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant had actively participated in commission of the offence in question as it was the present Applicant who had printed the counterfeit currency notes in question and had also circulated the same. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant
The court granted bail considering the applicant's reputation, duration of custody, and similarity to a co-accused's case, emphasizing the need for conditions to ensure compliance.
The court determined that the applicant's non-involvement in inflicting injury and lack of flight risk justified granting bail despite the serious nature of the offence.
Bail may be granted even in serious offences if the applicant shows compliance willingness and no flight risk, emphasizing the need for a balanced assessment of case facts.
The court granted bail based on insufficient evidence against the Applicant and the consideration of bail conditions, emphasizing the importance of a prima facie case.
The court emphasized the balance between the severity of the offence and the rights of the accused, allowing bail based on the Applicant's reputation and the victims' stable condition.
The court granted bail based on the Applicant's limited role in the alleged crime, good reputation, and absence of risk of flight or witness tampering.
The court emphasized that the role of the accused as a facilitator rather than a principal offender, alongside the absence of flight risk, justified the granting of bail under specified conditions.
The court granted bail based on insufficient evidence linking the Applicant to the offence, emphasizing the need for fair trial considerations.
The court granted bail based on insufficient evidence linking the applicant to the crime, emphasizing the need for a prima facie case.
The court granted bail under Section 483 of the BNSS, emphasizing the need to consider the nature of the offence and the applicant's compliance with conditions to prevent tampering with evidence.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.