Shamlaji Kanthlaji Ramsena (Thakor) vs State Of Gujarat

Ilesh J. Vora, J

Heard Mr. Pravin Gondaliya, learned counsel for the applicants and Ms. Krina Calla, learned APP for the respondent - State through Video Conferencing.

By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the Applicants are seeking their release on regular bail in a crime, where they are charged in connection with the FIR being C.R.No.I - 25 of 2019 registered at Dhanera Police Station, Dist. Banaskantha, punishable under Sections 406, 420, 465, 467, 468, 471, 474, 120(b) and 196 of IPC.

Learned counsel for the applicants submitted that, the FIR has been registered after a period of almost one year from the date of alleged offence and the applicants came to be arrested on 19.07.2020. The applicants have not played any role as alleged against them. Further, the co-accused having similar role have been enlarged on regular bail by this Court and therefore, on the ground of parity also, the applicants are required to be enlarged on regular bail. There is no any recovery or discovery from the applicants. In view of the said facts, present application requires consideration on any stringent terms and conditions as deem fit by this Court.

On the other hand, learned APP appearing for the respondent - State vehemently submits that, looking to the facts as well as the allegations made against the applicants, no discretion would required to be exercised.

In the facts and circumstances of the case and considering the nature of allegations and role of applicants, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicants on regular bail and while exercising the jurisdiction, this Court has considered the following aspects :-

(i) The applicants are in custody since 19.07.2020;

(ii) The FIR is registered on 11.04.2019 for the offence, which is alleged to have taken place during 28.03.2018 to 28.05.2018;

(iii)Investigation is over and charge-sheet has already been filed;

(iv) Learned advocate for the applicants, upon instructions, stated that, the applicants are ready and willing to deposit Rs.2,00,000/- (Rs. Two Lakhs only) on, or before, 31.12.2020 before the trial Court;

(v) Co-accused having similar role have been enlarged on regular bail by this Court.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicants on regular bail. Hence, present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being C.R.No.I - 25 of 2019 registered at Dhanera Police Station, Dist. Banaskantha, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) each, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall;

No.

Conditions

(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 India without prior permission of the Sessions Judge concerned;

(e)

furnish latest 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 trial Court;

(f)

The applicants shall deposit Rs.2,00,000/- (Rupees Two Lakhs Only) on or before, 31.12.2020 before the trial Court, which shall be invested in cumulative FDR in any nationalized Bank and the same shall be renewed from time to time till the trial is over.

(g)

After releasing the applicants, the applicants shall file an undertaking before the concerned Court, to the effect that they shall deposit Rs.2,00,000/- on or before 31.12.2020 within one week.

The Authorities 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 trial Court concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned 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, learned 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 applicants on bail. Rule is made absolute to the aforesaid extent.

Registry to send a copy of this order to the concerned Jail Authority as well as ld. Sessions Court forthwith through fax and e-mail.