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2016 DIGILAW 2086 (GUJ)

Sardarbhai Maganbhai Chauhan v. State of Gujarat

2016-10-03

P.P.BHATT

body2016
ORDER : P.P. Bhatt, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being CR No. I-59/2015 registered with Khedbrahma Police Station for the offences punishable under Sections 302, 394, 120(B) and 34 of the Indian Penal Code. 2. Heard learned Advocate for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned Advocate for the applicant submitted that the applicant is innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that the investigation is over and the chargesheet is filed and therefore now there is no possibility of tempering with the evidence. It is submitted that similarly situated co-accused viz. Masarubhai Jaybhai Gamar and three other persons have been enlarged on bail by this court vide order dated 04.04.2016 passed in Criminal Misc. Application No. 5674 of 2016 and therefore, on the ground of parity as also considering the nature and gravity of accusation made against the applicant and role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicants. Therefore, the present application may be rejected. 5. Regard being had to the above submissions, it appears that the similarly situated co-accused viz. Masarubhai Jaybhai Gamar and three other persons have been released on bail by this court vide order dated 04.04.2016 passed in Criminal Miscellaneous Application No. 5674/2016 and therefore, on the ground of parity as also considering the nature and gravity of assertion made against the applicant and in the facts and circumstances of the case and considering the nature of allegations made against the applicant in the First Information Report and also considering the fact that chargesheet is filed, now there is no possibility of tampering with the evidence, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being CR No. I-59/2015 registered with Khedbrahma Police Station on his executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court, and subject to the following conditions, that the applicant shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station on every Sunday of every English calendar month between 10:00 a.m. and 2:00 p.m. for six months only; [f] furnish latest and permanent address of residence to the Investigating Officer, and also to the Court at the time of execution of the bond, and shall not change the residence without prior permission of this Court; [g] not directly or indirectly try to tamper with the prosecution witnesses; 6. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial learned trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage made by this Court while enlarging the applicant on bail. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.