NDLI: Ramesh Bhavan Rathod Vs. Vishanbhai Hirabhai Makwana Makwana (koli) & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	s. 439 – Special powers of High Court or Court of Session regarding bail – On facts, six persons implicated in five homicidal deaths – Grant of bail by High Court – Correctness of – Held: Nature of the offence, its gravity is a circumstance which has an important bearing on the grant of bail – On facts, while granting bail to the six accused, the High Court committed serious mistake by failing to recognize material aspects of the case, rendering the orders of the High Court vulnerable to assail on the ground of perversity – High Court failed to look into the seriousness and gravity of the offences – FIR lodged adverts to the murder of five persons on the side of the informant in the course of the incident as a result of which offences punishable under Penal Code, Arms Act and Gujarat Police Act, were alleged – FIR specifically refers to the presence of the accused persons and that they had all come to the scene of offence with weapons – Plain reading of the cross FIR indicates both the presence of the accused and the execution of their plan to assault the side of the informant with the weapons in their possession – High Court overlooked the cross FIR and the implications of its content – Thus, the order granting bail to accused persons having failed to pass muster under the law, set aside. s. 439 – Bail – Grant of – Application of principle of parity –Held: In deciding the aspect of parity, the role attached to the accused,their position in relation to the incident and to the victims is of utmostimportance – Merely observing that another accused who was grantedbail was armed with a similar weapon is not sufficient, but individualrole attributed to each accused must be considered. s. 439 – Grant of bail under – Recording of reasons – Held:Grant of bail u/s. 439 is a matter involving the exercise of judicial discretion – Judicial discretion in granting or refusing bail is not unstructured – Duty to record reasons is a significant safeguard which ensures that the discretion which is entrusted to the court is exercised in a judicious manner – Recording of reasons in a judicial order ensures that the thought process underlying the order is subject to scrutiny and that it meets objective standards of reason and justice. s. 439 – Bail – Grant of, by High Court – Order passed by theJudge observing that the order granting bail to the concerned accusednot be treated as a precedent to claim bail on the basis of parity in anyother case – Correctness of – Held: Said observation is inappropriateand erroneous – Whether parity can be claimed by any other accused onthe basis of the order granting bail to concerned accused ought not tohave been pre-judged by the Single Judge who was dealing only withthe application for the grant of bail to the accused concerned – Whetheran order granting bail is a precedent on grounds of parity is a matterfor future adjudication if and when bail application is moved on thegrounds of parity on behalf of the accused. s. 439 – Bail – Grant of, by High Court – Observations of theHigh Court in succession of orders that the counsel for the parties “donot press for a further reasoned order” – Correctness of – Held:Observations of the High Court is disapproved – Consent of partiescannot obviate the duty of the High Court to apply a judicial mind andindicate its reasons why it has either granted or refused bail – Outcomeof the application has a significant bearing on the liberty of the accusedon one hand as well as the public interest in the due enforcement ofcriminal justice on the other.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 265
Petitioner	Ramesh Bhavan Rathod
Respondent	Vishanbhai Hirabhai Makwana Makwana (koli) & Anr.
SCR	[2021] 7 S.C.R. 17
Judgement Date	2021-04-20
Case Number	442

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Ramesh Bhavan Rathod Vs. Vishanbhai Hirabhai Makwana Makwana (koli) & Anr.

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