Manojbhai Damrabhai Kumbhar vs State Of Gujarat

@JUDGEMENTTAG- JUDGEMENT

Divyesh A. Joshi, J

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-01 of 2024 registered with the Patan ACB Police Station, Patan, for the offence punishable under Sections 7, 7(A), 12, 13(1)(A) and 13(2) of the Prevention of Corruption Act, 1988.

Learned advocate appearing on behalf of the applicant submits that the present application is preferred after submission of charge-sheet. Learned advocate submitted that the so-called incident has taken place on 10.01.2024, for which the FIR has been lodged on 11.01.2024. It is submitted that the applicant – accused has been arrested on 11.01.2024 and since then, he is in judicial custody. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate submitted that so far as the ole attributed to the present applicant is concerned, it is alleged that he has introduced the complainant with the main accused and except this, there is no other role attributed to him. Learned advocate submitted that identically situated co-accused has been considered by this Court. Learned advocate submits that there is no recovery pending at the instance of the applicant – accused at this juncture. Thus, considering the role attributed to the applicant and considering the nature of the offence and considering the penal provisions mentioned the statute by imposing certain condition, the applicant may be enlarged on regular bail by imposing suitable conditions.

Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that specific role of the present applicant is clearly spelt out from the papers of charge-sheet. Considering the role attributed, at the time of commission of offence, the present application may not be entertained.

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

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. It is found from the record that the present application is preferred after submission of the chargesheet and now the investigation is completed and the applicant is in jail since 11.01.2024. I have considered the role attributed to the present applicant and the fact that similarly situated co-accused has been considered by this Court. Therefore, Considering the above factual aspects and on the ground of parity, the present application deserves to be allowed.

This Court has also 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 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I-01 of 2024 registered with the Patan ACB Police Station, Patan, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 injuries 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 alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] 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 this Court;

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 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, 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.

The present application stands allowed accordingly. Direct service is permitted.