Case BriefsHigh Courts

Gujarat High Court: The Bench of V.P. Patel, J., allowed the application filed for temporary bail under Section 439 of the Code of Criminal Procedure to release the applicant-accused on temporary bail on the ground of medical treatment of the son of the applicant as he was injured by cow. 

The facts of the case were that the applicant-accused’s son was injured which was proven by the medical report submitted with the application. The father and uncle of the applicant were also in jail. The other brother of the applicant was enlarged on bail but on the condition of not entering into the territory of the district. Therefore, he was not in a position to take care of the son of the applicant. While opposing the application, the respondent vehemently submitted that the applicant-accused was involved in a murder case and the sister of the deceased who was an eye-witness of the murder case was also killed by the associates of the present applicant. 

The Court stated that the object of the parole is to enable the inmate to maintain continuity with his family life and deal with the family matter; to save the inmate from the evil effects of continuous prison life; to enable the inmate to maintain constructive hope and active interest in the life. Thus taking into account the fact that the applicant was not released on temporary bail since more than two and a half years and considering the pitiable condition of the son of the applicant the application was allowed. [Parmar Jigneshbhai Raghubhai v. State of Gujarat, 2019 SCC OnLine Guj 843, decided on 14-05-2019]

Case BriefsHigh Courts

Gujarat High Court: The Bench of A.Y. Kogje, J. allowed a bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR registered for the offence punishable under Sections 363, 366 and 376(2)(I)(N) IPC and under Sections 3(A), 4, 5(L), 6, 7, 8, 11(6) and 12 of the POCSO Act, 2012.

Additional Public Prosecutor appearing for the respondent-State opposed grant of regular bail looking to the nature and gravity of the offence.

The cardinal fact that was taken into account was that the applicant was aged 24 years, unmarried and was a student whereas the prosecutrix was aged 16 years. The Court while allowing the application stated that by history narrated before the Medical Officer, the element of love affair could not have been ruled out and therefore the present was found to be a fit case to enlarge the accused on bail. [Harsul v. State of  Gujarat, 2019 SCC OnLine Guj 68, Order dated 16-01-2019]

Case BriefsHigh Courts

Gujarat High Court: The Bench of A.Y. Kogje, J., allowed the application for bail sought under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered for the offence punishable under Sections 395, 397 and 452 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

Additional Public Prosecutor appearing for the respondent-State opposed grant of regular bail looking to the nature and gravity of the offence.

The Court considered that there was no recovery or discovery from the applicant regarding the offence. No identification was carried out. Further, there was no evidence connecting the applicant with the offence. Basically, the opposite party was unable to bring on record any special circumstances against the applicant. The court while allowing the application held that the nature of the allegations made against the applicant in the First Information Report were bald and thus it was a fit case to exercise the discretion and enlarge the applicant on regular bail. [Anil Bhawan Vaskeliya v. State of Gujarat, 2019 SCC OnLine Guj 38, decided on 11-01-2019]