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M. R. SHAH, B. V. NAGARATHNA
Manoj Kumar Khokhar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
NAGARATHNA, J.
This appeal has been preferred by the informant-appellant assailing Order dated 7th May, 2020 passed by the High Court of Judicature of Rajasthan, at Jaipur, in S.B. Criminal Miscellaneous Bail Application No. 3601/2020, whereby bail has been granted to the accused who is the second respondent in the instant appeal, in connection with FIR No. 407/2019 Police Station Kalwar.
2. According to the appellant, he is the son of the deceased, Ram Swaroop Khokhar and is the person who lodged the First Information Report being FIR No. 407/2019 on 8th December, 2019 for the offence of murder of his father, under Section 302 of the Indian Penal Code, 1980 (hereinafter referred to as “IPC” for the sake of brevity) against the second respondent-accused herein viz. Ram Narayan Jat.
3. The said FIR dated 8th December, 2019 had been lodged by the appellant herein between 23:00 hrs and 23:30 hrs in the night stating that earlier on that day, at about 16:00 hrs, his father, aged about 55 years, was attacked by the respondent-accused, at the Lalpura Pachar bus stand, with the intention of killing him. That the respondent-accused pinned the deceased to the ground, sat on his chest
Bail – Court deciding bail application cannot completely divorce its decision from material aspects of case such as allegations made against accused and severity of punishment if allegations are prov....
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
(1) Court deciding bail application cannot grant bail to accused without having regard to material aspects of case.(2) Bail – Propensity of accused tampering with evidence and influencing witnesses i....
(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 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 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....
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) 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 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....
(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....
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