TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>High Court Grants Bail, Criticizes Trial Judge's Illegal Decision, Emphasizes Compliance with Bail Principles and Conditions.</h1> <h3>Rameshbhai Batubhai Dhabi Versus State of Gujarat</h3> The HC granted bail to the applicant under Section 439 of the Code of Criminal Procedure, overturning the trial judge's decision deemed illegal. The HC ... - Issues Involved:The judgment involves a bail application filed under Section 439 of the Code of Criminal Procedure in connection with a first information report registered for offenses under Sections 376, 365, 344, 506(2), and 114 of the Indian Penal Code.Summary:Issue 1: Marriage and ComplaintThe complainant's marriage details and subsequent complaint against relatives for threats and harassment are presented. The complainant voluntarily left her parental place and filed a complaint for protection at Bagodra Police Station.Issue 2: Allegations and Bail ApplicationAllegations against the applicant, accused No. 2, are detailed, emphasizing the lack of direct allegations of specific crimes. The applicant's counsel argues for bail, citing the treatment of other co-accused and challenging the trial judge's decision.Issue 3: Legal Arguments and Contempt of CourtLegal arguments regarding bail, including references to relevant case laws, are presented. The applicant's counsel challenges the trial judge's interpretation of bail principles and seeks appropriate action for disregarding established legal precedents.Issue 4: Judicial Review and Bail DecisionThe High Court reviews the factual aspects of the case, including the complainant's statements and the involvement of the applicant. The Court criticizes the trial judge's refusal to consider the bail applications of co-accused and his dismissal of the principle of bail as outdated.Issue 5: Judicial Decision and Bail GrantThe High Court declares the trial judge's decision illegal and quashes it, extending bail to the applicant under Section 439 of the Code of Criminal Procedure. Specific conditions are imposed on the applicant's bail, emphasizing compliance and restrictions.In conclusion, the High Court grants bail to the applicant, sets aside the trial judge's decision, and directs administrative action if necessary. The applicant is ordered to comply with specified conditions for his release on bail, with provisions for consequences in case of breach.
TaxTMI 
TaxTMI 
