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N. V. RAMANA, A. S. BOPANNA, HRISHIKESH ROY
Mamta Nair – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Leave granted.
2. The instant appeal is assailing the order dated 01.12.2020 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in SB Criminal Miscellaneous Fourth Bail Application No. 13680/2020. The appellant herein is the sister of respondent No. 2 and the wife of the deceased. Since it is alleged that the respondent No. 2 is the main conspirator in the crime leading to the killing of the husband of the appellant, the appellant is aggrieved by the order impugned whereunder the respondent No. 2 has been ordered to be enlarged on bail.
3. The issue relates to the complaint in FIR No. 235 of 2017 dated 17.05.2017 registered in the Police Station Karni Vihar for the offence under Sections 302, 452 and 120 B of the Indian Penal Code. The mother- in-law of the appellant Smt. Rama Devi Nair, who is also the mother of the deceased had lodged the said complaint. According to the complainant and the appellant herein, the husband of the appellant has been killed by the family members of the appellant as an honor killing since they had not agreed to the marriage between the deceased and the appellant. The further details relating to the incident need not be referred
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Court granting bail cannot obviate its duty to apply judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail.
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
Bail cannot be granted in a murder case after submission of charge-sheet.
The main legal point established in the judgment is that the seriousness of the offence, the nature of the evidence, and the likelihood of the accused interfering with the process of justice are cruc....
Grant of bail – Ordinarily, in serious offences, once trial commences and prosecution starts examining its witnesses, Court should be loath in entertaining bail application of accused – Once trial co....
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.
Bail – Provision for being released on bail draws appropriate balance between public interest in administration of justice and protection of individual liberty pending adjudication of case. Grant of ....
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....
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