SURESH KUMAR SOMABHAI RANA Vs. ASHOK KUMAR HARAKLAL MITTAL
SUPREME COURT OF INDIA (FROM: GUJARAT)
SURESH KUMAR SOMABHAI RANA
ASHOK KUMAR HARAKLAL MITTAL
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(2.)Heard the learned Counsel for the parties.
(3.)Normally, this Court does not interfere in the bail matters and the orders of High Court are generally accepted to be final relating to grant or rejection of bail. However, it is really unfortunate that without considering the nature and gravity of offence, the High Court of Gujarat without recording any reasons has set aside the well-reasoned order passed by the trial Court, refusing the bail to the accused involved in an offence punishable under Secs. 302 and 149 of the Indian Penal Code. Apart from the serious allegations made against the accused, it has been pointed out that while rejecting the bail application, trial Court has taken into consideration the following facts :
While taking into consideration the provisions of Sec. 149 of I.P.C. to my mind, there is substantial allegation of serious offence against all the five accused of causing death by causing injuries with weapon like knife to the deceased Pareshbhai, against whom it appears, there is prima facie case, and it does not appear proper to enlarge such accused on bail.
Wife of accused Piyushbhai is a member of Palanpur Municipality and criminal proceeding, has been done in first C.R. No. 191 of 1999 and C.R. No. 288 of 1999 under Secs. 324 & 506(2) I.P.C.
All the accused are resident of Delhi Gate area of Palanpur.
The facts revealed from the affidavits on behalf of the prosecution that it is likely that the accused will give threats to the prosecution witnesses and will turn them hostile by making and having got made false cases. This doubt of the prosecution in the facts of this case, do not appear to me without any substance."
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