Popatji Ramji Thakor vs State Of Gujarat

Niral R. Mehta, J

Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State.

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.11206061220038 of 2022 registered with Santhal Police Station, District - Mehsana for offences under Sections 307, 324, 323, 504, 506(2) and 114 of the IPC and Section 135 of the GP Act.

Learned Advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicants 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. 4. 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 applicants on regular bail.

This Court has considered following aspects,

(a) The applicants are in jail since February, 2022.

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

(c) Considering the fact that during the course of investigation, recovery is already made and, therefore, no further custodial interrogation is required.

(d) Considering the fact that there is a cross FIR and the accused of other FIR which is filed by the present applicants, are having more serious role as they attacked by Dhariya and they have been released on bail by the Sessions Court, whereas the present applicants are having sticks, case of the present applicants deserve to the considered.

(e) Keeping in mind the alleged offence and punishment prescribed and considering the pendency the trial is not likely to be over within near future and even no fruitful purpose would be served by keeping the applicants in jail.

In the facts and circumstances of the present case and considering the role attributed to the applicants and the allegations levelled against them, the case of the applicants deserves consideration and, therefore, I am inclined to consider the case of the applicants.

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 applicants are ordered to be released on regular bail in connection with FIR being C.R.No.11206061220038 of 2022 registered with Santhal Police Station, District - Mehsana on executing a personal bond of Rs.10,000/- each (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

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

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

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

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

[e] 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.;

[f] shall not enter the local limits of Santhal Police Station for a period of six months, except for the purpose of marking presence and attending the trial;

[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 authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicants only if they are 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 prima facie observations made by this Court in the present order.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.