Shaileshbhai Brajkumar @ Vrajkumar Brujbiharilal Shrivastava v. State Of Gujarat
2022-05-09
NIRAL R.MEHTA
body2022
DigiLaw.ai
ORDER : 1) This application is by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No. 11821011220076 of 2022 with Dahod Town Police Station, Dahod for the offence punishable under Sections 3, 4(3) of the Gujarat Land Grabbing Act. 2) Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3) On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 4) Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order. 5) I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :- I) The F.I.R. is registered on 18.02.2022 for the offence which is alleged to have taken place on 15.06.2011 to 18.02.2022; II) The applicant is in custody since 19.02.2022; III) Investigation is over and the charge-sheet has been filed by the Investigating Officer; IV) Considering version of the FIR and the charge-sheet papers, prima facie it appears that the present applicant, at the time when the FIR was lodged, was not in possession of the premises in question. Even considering the statement of Manishaben Bhaveshbhai Srivastava, dated 18.02.2022, who is wife of the real brother of the present applicant that the brother of the present applicant and mother of the present applicant are residing in the property in question. V) Considering further that the present applicant being a Government railway employee, was already allotted a residential quarter in the year 2016 and since then, he is occupying and staying in the quarter; VI) The present applicant being a Government employee, has already suffered damages on account of his detention in custody. Since the charge-sheet is now filed, no further custodial interrogation is required and nothing is required to be recovered or discovered at his instance. VI) No fruitful purpose would be served by keeping the present applicant in jail; VII) Even otherwise, additionally, the present applicant has also challenged the vires of the Act, the petition has been admitted and the interim-relief is also granted.
VI) No fruitful purpose would be served by keeping the present applicant in jail; VII) Even otherwise, additionally, the present applicant has also challenged the vires of the Act, the petition has been admitted and the interim-relief is also granted. Thus, the conclusion of trial in near future is doubtful, and therefore, the present applicant requires to be released on bail VIII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant. 6) This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 7) In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. 8) Hence, the present application is allowed, qua applicant No.2.
8) Hence, the present application is allowed, qua applicant No.2. The applicant is ordered to be released on regular bail in connection with C.R. No. 11821011220076 of 2022 with Dahod Town Police Station, Dahod on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand Only) with one surety 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 act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not leave the State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) 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 Trial Court; 9) 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. 10) Bail bond to be executed before the 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. 11) 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. 12) The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.