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HIGH COURT OF GUJARAT
PT
BHAVNA YOGESHKUMAR GAJJAR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(PRANAV TRIVEDI, J.)
[1] On 26.04.2024, the co-ordinate bench of this Court had passed the following order:
"2. Learned advocate for the petitioner submits that the petitioner is aged 45 years and behind bar since 24.01.2024. It is also submitted that the petitioner has deposited Rs.1,25,000/- of the cheque amount before the learned Court below. It is further submitted that the petitioner is ready to deposit Rs.50,000/- at the first instance and Rs.50,000/- within four weeks from the date of his release. It is submitted that the petitioner shall file usual Undertaking before this Court. Considering, this aspect, it is submitted to suspend the sentence and grant regular bail to the petitioner.
3. Upon considering the submissions made at bar, it appears that petitioner is sentenced for a fixed period and the Revision is not likely to be heard in near future, sentence imposed upon the petitioner can be considered in view of the decision rendered in case of Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421 as there are no exceptional circumstances pointed out by the learned A.P.P. to refuse/decline the application.
4. Considering above, pending Revision Application, impugne
Bail may be granted pending revision application if no exceptional circumstances are presented to deny it, subject to compliance with specified conditions.
The court emphasized that a conviction in a criminal case must be proven beyond reasonable doubt, not merely on preponderance of probabilities.
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
The court emphasized that a lack of direct evidence and significant delay in filing an FIR can justify granting bail, highlighting the need for a strong prima facie case.
Timely and justified requests for extension of interim orders are necessary for their continuation.
A second anticipatory bail application is non-maintainable if the petitioner conceals prior court orders and fails to comply with commitments to surrender, reflecting bad faith toward the court.
Bail cancellation requires clear evidence of breach or supervening circumstances; implied conditions cannot justify cancellation.
Bail granted based on time served and nature of injuries, with conditions to ensure compliance with law.
The court emphasized the importance of evaluating the prima facie case, the accused's availability for trial, and the risk of witness tampering when considering bail applications.
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