Madansing Pitasing Ravat vs State Of Gujarat

Dr. Ashokkumar C. Joshi, J

This application is filed by the applicant – accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR No. 11195050220064 of 2022 registered with Tharad Police Station, District – Banaskantha for the offences punishable under Sections 325, 324, 323, 143, 147, 148, 149, 294(b) and 506(2), etc of the Indian Penal Code.

Heard learned Advocate Mr. Harshil Dattani for the applicant and learned APP Mr. Manan Mehta for the Respondent State.

Submission of the Parties:

Learned advocate for the applicant-accused has submitted that the charge sheet is already filed and the applicant having 6 antecedents, more particularly, one under the Prohibition Act and 5 under the IPC. He further submitted that the applicant has family roots in the society and therefore, he is not likely to flee away from justice. That he will abide by whatever conditions imposed by the Hon'ble Court. He has therefore prayed that discretion may kindly be exercised and grant bail to the Applicant Accused.

Per contra, learned APP has vehemently opposed this bail application looking to the nature and gravity of offence, involvement of the Applicant / Accused. He further submitted that if the Hon'ble Court is inclined to grant bail then in such case strict conditions may be imposed to secure the presence of the Applicant Accused.

Merits of the Case:

This court has considered the following aspects:

(a) in the present case it is an admitted fact that the applicant - accused has come with this application after the charge-sheet is filed and investigation is over;

(b) as per catena of decisions of Hon’ble Supreme Court, there are mainly three factors which are required to be considered by the court i.e. prima facie case, availability of applicant - accused at the time of trial and hampering and tampering with the witnesses by the accused;

(c) the learned advocate for the applicant has submitted that the applicant is not likely to flee away;

(d) the applicant is in custody since 8.3.2022;

(e) law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I., (2012) 1 SCC 40, wherein it is held that bail is a rule and jail is an exception and there should not be pre-trial punishment.

Having heard the learned advocates for the parties and perusing the papers available on record as well as taking into consideration the facts of the case, it appears that the applicant is implicated in the offence punishable under section 325, 324, 323, 143, 147, 148, 149, 294(b) and 506(2) of the IPC. At this stage, the Court is not required to go deep into the evidence as it is purely a matter of trial. The Court may reiterate the principle laid down by the Hon’ble Apex Court in Sanjay Chandra (supra), there should not be pre-trial punishment. Least is to say that, charge-sheet in the case on hand is filed and hence, there is no possibility of tampering and/or hampering with the evidence. Considering the charge-sheet papers as well as the nature of allegations, gravity of accusation, availability of the applicant - accused at the time of the trial etc. and last but not the least, the role attributed to the present applicant - accused, the present application deserves to be allowed and is accordingly, allowed. The applicant - accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that applicant shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence;

(b) maintain law and order and not to indulge in any criminal activities;

(c) furnish the documentary proof of complete, correct and present address of his residence to the Investigating Officer and to the trial Court at the time of executing the bond and shall not change his residence without prior permission of the trial Court;

(d) provide his contact numbers as well as the contact numbers of the sureties before the trial Court. In case of change in such numbers inform in writing immediately to the trial Court;

(e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the trial Court, if any;

(f) not leave India without prior permission of the trial Court;

(g) surrender passport, if any, to the trial Court within a week. If he does not possess passport, he shall file an affidavit to that effect;

(h) mark presence before the concerned police station on every 1st day of each English calendar month between 12:00 p.m. to 2:00 p.m. for a period of one year or till the trial is concluded, whichever is earlier;

(I) shall maintain all the rules and regulations framed by the Corporation regarding contemporary status of corona virus/Covid-19, State Government or by any competent authority, including social distancing.

Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.

If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if he is not required in connection with any other offence for the time being.

At the trial, the concerned 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.