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of <h1>Supreme Court Reinstates Bail with Conditions</h1> <h3>BHAGIRATHSINH JUDEJA S/O MAHIPAT SINGH JUDEJA Versus STATE OF GUJARAT</h3> BHAGIRATHSINH JUDEJA S/O MAHIPAT SINGH JUDEJA Versus STATE OF GUJARAT - 1984 AIR 372, 1984 (1) SCR 839, 1984 (1) SCC 284, 1983 (2) SCALE 818 Issues involved:The issues involved in this case are the granting of bail to an accused person facing a criminal trial, the approach of the High Court in setting aside the bail granted by the Sessions Judge, and the considerations to be taken into account when deciding on bail applications.Granting of Bail by Sessions Judge:The appellant was accused of giving blows with a knife to a person and was taken into custody under Sec. 307 I.P.C. An application for bail was initially dismissed by the Chief Judicial Magistrate, but the Sessions Judge later granted bail after considering arguments from both sides. The High Court later entertained a plea seeking cancellation of the bail granted by the Sessions Judge.High Court's Approach in Setting Aside Bail:The High Court held that once a prima facie case is established, the nature and gravity of the circumstances of the offence should be considered. The High Court expressed concerns about the victim being a social and political worker, the location of the incident in a hospital, and the injuries caused. However, the Supreme Court found that the High Court misdirected itself by interfering with the discretionary order of the Sessions Judge without sufficient grounds for cancellation of bail.Supreme Court's Decision:The Supreme Court allowed the appeal and set aside the High Court's order, reinstating the bail granted by the Sessions Judge with modifications. The appellant was required to furnish fresh bail bonds, report monthly to the Chief Judicial Magistrate, and comply with other conditions imposed by the Sessions Judge. The Supreme Court emphasized that bail should be granted based on the accused's availability for trial and the risk of tampering with evidence, rather than as a form of pre-trial punishment.
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