HIGH COURT OF GUJARAT
MR. JUSTICE M. R. MENGDEY, J
ZINABHAI KISHANBHAI KATHKARI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned APP waives service of Rule on behalf of the Respondent-State.
2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. II/13/2018 registered with Kaprada Police Station. Valsad.
3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.
4. Learned 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.
5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the applicant had given a blow on the head of the deceased which had resulted into the death of the deceased. Thus, the role played by the present applicant is pivotal in the present offence and the present applicant happens to be the main accused in the present offence. Learned APP therefore submitted that l
The court ruled that prolonged incarceration without trial progress warrants bail, emphasizing the importance of timely justice.
The court ruled that bail may be granted considering the nature of allegations, the applicant's role in the offense, and the absence of direct fatal involvement.
The court may grant bail after considering the gravity of the offense, the applicant's history of absconding, and the conditions necessary to ensure trial attendance.
The court established that bail can be granted by considering the nature of allegations, the applicant's reputation, and compliance with specific conditions to ensure trial integrity.
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 considering the applicant's age and lack of flight risk, emphasizing the need for strict compliance with conditions to prevent tampering with evidence.
The court granted bail considering the applicant's age and the nature of allegations, emphasizing the need for careful evaluation of bail conditions.
The court granted bail considering the nature of the offence and the applicant's willingness to comply with conditions, emphasizing the balance between individual rights and public interest.
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.
The court emphasized that prolonged custody without trial progress and lack of flight risk justifies granting bail, subject to specific conditions.
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.