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G. S. AHLUWALIA
MANOJ VISHWAKARMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER/JUDGMENT : – Shri Brajmohan Mahajan, Advocate for applicant.
Smt. Padamshri Agrawal, Panel Lawyer for State.
This fourth application under section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed as withdrawn by order dated 2-11-2020 passed in M.Cr.C. No. 41498/2020.
2. The applicant has been arrested on 27-11-2017 in connection with Crime No. 418/2017 registered at Police Station Kotwali, District Datia for offence under sections 302, 307 of IPC.
3. It is submitted by the counsel for the applicant that the basic law is that while deciding the bail application the Court must respect to the life and liberty guaranteed by Article 21 of the Constitution of India. Although the bail application of the applicant has already been rejected thrice on earlier occasion, but he should be permitted to argue the matter on merits. Further the witnesses have been examined and there are material omissions and contradictions in their evidence and under these circumstances, the applicant is entitled for bail.
4. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the previous bail application have already been
The severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
The main legal point established in the judgment is that the power to grant bail should be exercised judiciously, following well-established principles, and not in a mechanical or cryptic manner.
The power to grant bail should be exercised judiciously, taking into consideration the gravity of the offence, the evidence on record, and the likelihood of the accused tampering with evidence or inf....
The main legal point established in the judgment is the requirement of reasoned bail orders, the considerations for granting bail under Section 439 CrPC, and the importance of judicial discretion and....
The main legal point established in the judgment is the requirement for reasoned bail orders, especially in cases involving serious offenses, and the factors to be considered while granting bail.
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
While considering an application for bail, all the relevant factors have to be weighed by the Court including the gravity of the offence, the evidence and material which prima facie show the involvem....
(1) Grant of bail requires consideration of various factors which ultimately depends upon specific facts and circumstances of case before Court – There is no strait-jacket formula which can ever be p....
The discretion to grant bail must be exercised judiciously, considering the gravity of the offence, evidence, and potential obstruction of justice.
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