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Supreme Court of India 2021-04-20 allowed

Ramesh Bhavan Rathod vs Vishanbhai Hirabhai Makwana Makwana (Koli) & Anr

Bench: 2 — Dhananjaya Y Chandrachud, M R Shah

In Brief

This appeal challenges the Gujarat High Court's grant of bail to six accused persons implicated in five homicidal deaths arising from a land dispute in May 2020. The Supreme Court held that the High Court committed grave error by failing to consider the seriousness of the offences, relying instead on discrepancies between the FIR and a later statement, and applying the parity principle mechanically without examining individual roles. The Court reaffirmed that bail decisions require reasoned orders; the cross-FIR's admission of presence, premeditation, and armed assault sufficed to deny bail despite weapon inconsistencies. The appeals were allowed and the bail orders set aside.

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Bail and Custody Criminal Procedure Judicial Discretion Non-Application of Mind Homicide Reasonable Grounds for Belief Principle of Parity

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