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GURPAL SINGH AHLUWALIA
Rakesh Jakhodiya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Gurpal Singh Ahluwalia, J. - It is submitted by the counsel for the State that the complainant has been informed about the pendency of this appeal as required under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'Act').
2. Case diary is available.
3. This fourth criminal appeal has been filed under Section 14-A(2) of the Act against the order dated 25.05.2021 passed by Special Judge (Atrocities) Gwalior, rejecting the bail application.
4. The third criminal appeal for grant of bail was dismissed as withdrawn by order dated 07.01.2022 passed in Cr.A. No.7803/2022.
5. The appellant has been arrested on 01/04/2021 in connection with Crime No.219/2021 registered by Police Station Thatipur, District Gwalior for offence punishable under Sections 302, 147, later added 307, 120B of IPC, Sections 3(2)(va) of the Act and Section 25/27 of Arms Act.
6. Previous criminal appeals of the appellant have already been dismissed on merits.
7. The recording of evidence is going on. At the stage of bail, this Court cannot appreciate the evidence led before the Trial Court.
8. Accordingly, no case is made out for taking a contrary view in the matter.
9
At the stage of bail, the court cannot appreciate the evidence led before the Trial Court, and previous dismissals of criminal appeals on merits may impact the consideration of a current appeal.
The court's decision was influenced by the consideration of the period of detention, the appellant's criminal history, and the likelihood of his absconding or tampering with the prosecution case in a....
The compromise between the parties and the acquittal from certain charges can be considered as changed circumstances warranting bail, and the court may impose specific conditions for the release of t....
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The court considered the length of time the appellant had been in custody and the expected duration of the trial in granting bail.
The seriousness of the allegations against an accused and their medical condition are important factors in deciding whether to grant bail.
Bail granted to accused lacking specific allegations in FIR, parity with co-accused, despite SC/ST atrocity charges.
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