GUJARAT: Gujarat High Court denies granting bail to a lawyer. He was alleged of cheating, criminal breach of trust, and criminal intimidation,
The Bench comprising Justice Niral R Mehta observed,
The Bench identified that the primary issue worth consideration was whether the accused, a lawyer by profession and a habitual offender could be granted regular bail. To address this question, reliance was placed on Kamla Devi v. State of Rajasthan & Anr., 2022 SCC Online 307 where the Apex Court had opined:
“The primary considerations which must be placed at balance while deciding the grant of bail are: (i) the seriousness of the offence; (ii) the likelihood of the accused fleeing from justice; (iii) the impact of release of the accused on the prosecution witnesses; (iv) likelihood of the accused tampering with evidence.”
The court observe that the accused is in a legal profession and he had a ‘legal brain’ who could evade his arrest for 3 years, the Bench observed that the Applicant had pocketed Rs. 58 lakhs out of the sale consideration through his son’s accounts and the joint account of the Applicant and his wife.
Emphasising that there was a possibility of the Applicant fleeing from justice and the fact that the Applicant had ‘polluted’ the ‘pious stream of justice’, the High Court dismissed the bail application.
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