Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail Grant of offence punishable under the 2015 Act and IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Gujarat Control of Terrorism and Organised Crime Act, 2015 (24 of 2019) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Bail : Grant of – Appellant involved in intimidating and threatening the victim in connivance with the main accused no.1 running an organised crime syndicate for extorting money and land-grabbing by threatening people – 59 cases registered against the accused no.1 – FIR against appellant and others for offence punishable under the 2015 Act and the Penal Code – Bail application by the appellant during pendency of the trial – Dismissed by the High Court – On appeal, held: Discretion must be exercised judiciously – Keeping in view the appellant’s alleged role, no inclination to exercise discretion in his favour – Out of the twelve charge-sheeted accused, six co-accused have not been granted bail, five have availed the benefit of default bail and only one is on regular bail, thus, interference not called for – Allegations levelled and the statements of the witnesses have been perused carefully – In view thereof, the prayer for grant of bail to the appellant is rejected – However, as submitted by the State, upon the completion of recording of statements of the protected witnesses, the appellant is at liberty to renew his plea for bail – Gujarat Control of Terrorism and Organised Crime Act, 2015 – ss. 3(1), 3(2), 3(3), 3(4) and 3(5) and 4 – Penal Code, 1860 – ss. 384, 385, 386, 387, 506(1), 506(2), 507, 201, 120B. |
Judge | Hon'ble Mr. Justice Ahsanuddin Amanullah |
Neutral Citation | 2023 INSC 496 |
Petitioner | Atulbhai Vithalbhai Bhanderi |
Respondent | State Of Gujarat |
SCR | [2023] 4 S.C.R. 239 |
Judgement Date | 2023-05-04 |
Case Number | 1390 |
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