Gajendrasinh Khengarsinh Rana vs State Of Gujarat

Nirzar S. Desai, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I - C.R.No. 11209020221385 of 2022 registered with Idar Police Station, District: Sabarkantha for punishable offences under sections 408, 409, 406, 420, 465, 467, 468, 471 and 120 (B) of the Indian Penal Code.

Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

Learned advocate Mr. P. M. Dave appearing for the original complainant vehemently opposed this application and by relying upon the observations made by the learned Trial Court while rejecting the bail application submitted that in view of the aforesaid observations, this Court may not enlarge the present applicant on bail.

Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has considered following aspects:-

(a) The applicant is in jail since 27.12.2022.

(b) Investigation is over and the charge-sheet is filed.

(c) The applicant is not the main accused who has procured the delivery of 177 tractors. As per the investigation papers and as submitted by learned APP, the role of the present applicant is limited to 39 tractors out of 177 tractors which he purchased from the various co-accused persons and the total payment of Rs. 1,56,05,000/ - collected by the present applicant was forwarded to accused no. 16 and the present applicant as per the investigation has received only Rs. 3,90,000/- towards commission.

(d) The aforesaid aspect would indicate that the present applicant is not the main accused in respect of the entire scam.

(e) Learned advocate Mr. Dipen Dave, upon instruction states that the present applicant shall deposit an amount of Rs. 3,90,000/- received by the present applicant towards the commission within a period of two months from the date of his release and on his own volition, he states that an undertaking to that effect would be filed within a period of two weeks from the date of his release.

In the facts and circumstances of the present case, I am inclined to consider the case of the present applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I - C.R.No. 11209020221385 of 2022 registered with Idar Police Station, District: Sabarkantha on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall;

[a] as voluntary undertaken by learned advocate Mr. Dave, the applicant shall deposit a sum of Rs. 3,90,000/- within a period of two months from the date of his release;

[b] not take undue advantage of liberty or misuse liberty;

[c] not act in a manner injurious to the interest of the prosecution;

[d] surrender passport, if any, to the lower court within a week;

[e] not leave India without prior permission of the concerned trial court;

[f] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[g] furnish the present 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 the concerned trial court;

The original complainants state that they may be permitted to allow the aforesaid amount that may be deposited by the present applicant and as learned advocate appearing for the applicant has given express consent for withdrawal of the aforesaid amount, the aforesaid amount shall be disbursed in favour of the original complainant, upon making appropriate application before the Trial Court.

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if the applicant 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 lower Court having jurisdiction to try the case. It will be open for the concerned Sessions Court to delete, modify and/or relax any of the above conditions, in accordance with law.

At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent.

Direct service is permitted.