Gujarat High Court states the purpose of the bail is not punitive but rather preventive accused is charged under Sections 406, 114 of the Penal Code, 1860, and sections 3(1)(r), 3(1)(s) of the Atrocity Act

TITLE  – Babubhai Shamjibhai Ramani Versus State of Gujarat

Decided On  August 29, 2023

1862 of 2023

CORAM: Hon’ble Justice Mr. Hasmukh


Currently filed appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes challenging the judgement and order dated 2 filed by the current appellant under Section 439 of the Criminal Procedure Code, 1973 seeking regular bail in connection with a FIR being registered with Savarkundla Rural Police Station, District: Amreli for the offences punishable under Sections 406, 420, 504, 506(2) and 114 of the Penal Code, 1860, as well as Sections 3(1)(r).


The current appellant was detained on March 21, 2023, and his bail application was ultimately denied by the learned Special Judge and 4 Additional Sessions Judge in Savarkundla.

Expert lawyer Mr. Vashishta M. Joshi claims that he has been given permission by the legal aid to speak on behalf of the original complainant and that he will file his Vakalatnama right away. He is given the go-ahead to show up, and Registry is told to accept his Vakalatnama. The appellant was not a part of the crime in any way, and even if she had been, the investigation would have turned up nothing necessary, served no purpose, and would have taken a long time to complete.

As soon as the coaccused is released by the Sessions Court, the learned attorney for the appellant pleaded that he is ready and willing to comply with any conditions this Court may impose. Therefore, he has also asked for the benefit of parity, and the appellant must be expanded on regular bail by placing appropriate terms and conditions on it.


Contrarily, a knowledgeable APP representing the respondent – The state has vehemently opposed the current appeal and demanded that the appellant’s conduct also be recovered. He has listed the instances in which the appellant has been charged with crimes and has acted inappropriately around law enforcement. Additionally, he claimed that the appellant is the subject of exterment proceedings and that four offences have been recorded. Additionally, it is claimed that the current appeal must be dismissed in light of the appellant’s criminal history. There is nothing left to recover and discover from the appellant now that the investigation is over and a charge sheet has been filed. The purpose of the bail is not punitive but rather preventive because it is clear that the trial will take some time. Keeping the appellant in jail while the case is pending is preferable to a pre-trial conviction and even otherwise, given the principles of personal liberty.

Bail granted

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Written by-  Steffi Desousa

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