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2017 DIGILAW 1124 (GUJ)

Dipak @ Dilip Vinubhai Patel v. State of Gujarat

2017-07-03

SONIA GOKANI

body2017
ORDER : SONIA GOKANI, J. 1. This is an application for regular bail under Section 439 of the Code of Criminal Procedure in connection with IC.R No. 215 of 2005 registered with Fateganj Police Station, District Vadodara for the offences punishable under Sections 395, 397 and 342 of the Indian Penal Code. 2. It is the case of loot of truck, which had contained the goods i.e iron rods. The applicant with others are alleged to have committed the act of loot. For an alleged incident of July 21, 2005, the present applicant was arrested in the month of June, 2017. According to the applicant, he was in jail for similar such offences from the years 2010 to 2012. His name was revealed by the co-accused in the year 2011 and he has been arrested by the police in the year 2017. He has sought parity with the co-accused. 3. Learned advocate Mr. Dipak Sindhi for the applicant has urged that after the year 2010, there are no criminal antecedents. He has mended his ways and is presently focusing on the future of his daughter. He further has urged that any stringent conditions may be imposed. The trial is likely to take a long time and there are more accused, who are yet to be arrested. Moreover, some of the co-accused are granted regular bail and, hence, the parity also would demand this Court to consider his request. 4. Learned Additional Public Prosecutor, Ms. Pathak for respondent-State has strongly objected to this application, essentially and predominantly on the ground that for the offence of the year 2005, he has been arrested in the year 2017. She has further pointed out that he has sufficient role in the crime in question and after once he was released in the year 2012 from the jail, nothing has been done at his end also to surrender. 5. It is quite apparent from the record that offence is of July 2005. The applicant has been arrested in the month of June 2017. It is also not in dispute that from the year 2010 to 2012, he has been in the jail for similar such offences. His arrest has been made after about 12 years. 6. The trial qua some of the accused is going on. The applicant has been arrested in the month of June 2017. It is also not in dispute that from the year 2010 to 2012, he has been in the jail for similar such offences. His arrest has been made after about 12 years. 6. The trial qua some of the accused is going on. The case of the present applicant is not committed to the Court of Sessions and though the additional charge-sheet is filed, the trial qua him is yet to begin. 7. As the applicant is having criminal antecedents, the request is made by the prosecution that not to release him on the regular bail. 8. Having heard learned advocates for both the sides and also on examination of material on the record, it emerges that the applicant has been arrested in the year 2017. Nothing is emerging as to what efforts were made to arrest the applicant. Even from the years 2010 to 2012, when the applicant was in the jail, no details are emerging as to whether any endeavours were made for the arrest. Rest of the co-accused have already been enlarged on regular bail and the request is on the basis of parity, the only hitch was his latest arrest. It emerges that the co-accused, who was arrested in the year 2011 also has been granted regular bail by this Court. The trial has begun in case of co-accused. Recently, only one witness is being examined. So far as the case of the present applicant is concerned, the same is not even committed to the Court of Sessions and the trial likely to take a long time. The applicant being the resident of State of Gujarat, the discretion deserves to be exercised in his favour. 9. In view of aforesaid, the present application is allowed and the applicant is ordered to be released on regular bail in connection with I-C.R No. 215 of 2005 registered with Fateganj Police Station, District Vadodara, on his executing two solvent sureties each of Rs. 9. In view of aforesaid, the present application is allowed and the applicant is ordered to be released on regular bail in connection with I-C.R No. 215 of 2005 registered with Fateganj Police Station, District Vadodara, on his executing two solvent sureties each of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall: [a] not take undue advantage of liberty or misuse liberty; [b] not tamper with any evidence, and/or documents nor act in a manner injurious to the interest of the prosecution; [c] surrender his passport, if any, to the trial court within a week from the date of his release; [d] not leave the State of Gujarat without prior permission of this Court; [e] mark his presence between 11:00a.m and 02:00 p.m before the concerned Police Station and also before the trial court on regular basis on the first and third Mondays of every English calendar month till the trial is over; [f] request shall be made by the I.O to the concerned Court at J.M.F.C level for the committal to the Court of Sessions since only one witness is being examined so far, the trial of the present applicant also can be clubbed, if the Court deems it fit, with the trial of co-accused; [g] furnish the present address of his 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; [h] any repeat offence will entitle the prosecution to make a request for cancellation of regular bail. 10. 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 trial court concerned will be at liberty to issue warrant or take appropriate action in the matter. 11. Bail bond to be executed before the trial court having jurisdiction to try the case. 12. At the trial, the 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. 13. Rule is made absolute to the aforesaid extent. Direct service is permitted.