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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. Mengdey, J
Akbarbhai Hussainbhai Solanki – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. nature of offense and bail application procedural history. (Para 1) |
| 2. contentions of parties regarding bail eligibility and culpability. (Para 2 , 3 , 4) |
| 3. finality of previous judicial orders and absence of new evidence. (Para 5 , 6 , 7) |
| 4. inapplicability of parity principle for main accused. (Para 8 , 9) |
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE M. R. MENGDEY
| Approved for Reporting | Yes | No |
JUDGMENT
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.11217006231090 of 2023 registered with Chanasma Police Station, Patan for the offences punishable under Sections 302, 307, 147, 148, 149, 120(B), 34, 323, 324, 326 and 447 of the IPC and Section 135 of the Gujarat Police Act.
2. Learned advocate appearing for the applicant submitted that the applicant has been arrested in connection with the present offence on 27.03.2024 and since then, he is in custody and thus, the applicant has undergone incarceration for a period of more than 2 years. The applicant is aged about 60 years. He further submitted that after the dismissa
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