Exploring the recent judgment by the Gujarat High Court in the case of Bhagwan Singh v Dilip Kumar @ Deepu @ Depak regarding bail cancellation. Dive into the details of the court’s decision and its implications on legal proceedings. Stay connected to understand the nuances of this significant legal case.
Facts
- The petitioner has filed a petition under Section 439(2) of the Code of Criminal Procedure, 1973.
- The petitioner seeks to quash and set aside the order dated 5.2.2024 passed by the Additional Sessions Judge, Ahmedabad Rural.
- The order in question granted regular bail to the respondent, who is the original accused in the case.
- The learned advocate for the petitioner presented arguments during the hearing.
Arguments
- The argument presented by the petitioner is based on the belief that the respondent intends to flee to the USA to avoid facing trial.
- The petitioner’s concern about the respondent potentially fleeing to the USA is not sufficient grounds for bail cancellation, as it directly impacts personal liberty.
- The trial court had already imposed adequate conditions to ensure the respondent’s presence during the trial.
- There is no evidence or claim from the State or prosecution that the respondent has violated the bail conditions.
- Filing an application for modifying bail conditions does not automatically imply an intent to flee or a violation of existing conditions.
- The petitioner’s advocate asserts that the respondent filed a false application to travel to the USA, suggesting ulterior motives.
- The trial court acknowledged the suspicious nature of the respondent’s application but did not find it enough to warrant bail cancellation.
Analysis
- In the judgment of Bhagwan Singh v Dilip Kumar @ Deepu @ Depak, the Supreme Court emphasized the need for very cogent and overwhelming circumstances for the cancellation of bail.
- The court referred to previous cases such as Dolat Ram v State of Haryana, Kashmira Singh v Duman Singh, and X v State of Telangana to support its position.
- Citing the case of Kekhriesatuo Tep and others vs. National Investigating Agency, the court highlighted that there was no merit in the petitioner’s apprehension of the accused fleeing to the USA and not standing trial.
- Additionally, in the case of Bhagirathsinh S/O Mahipat Singh vs. State Of Gujarat [AIR 1984 SC 372], the court may have made further relevant observations.
Decision
- The present petition fails and stands dismissed.
Case Title: NITINBHAI SHANKARBHAI PRAJAPATI Vs. STATE OF GUJARAT
Case Number: R/CR.MA/5164/2024
