Somabhai Amrabhai Damor vs State Of Gujarat

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 C.R.-I No. 11187004230411 of 2023 registered with the Kadana Police Station, District Mahisagar for the offence punishable under Sections 465, 467, 468, 471 of the Indian Penal Code.

Learned advocate Mr. Naman Brahmbhatt appearing on behalf of the applicant has submitted that so called incident has occurred between 28.01.2014 to 18.08.2023 and FIR was registered on 26.10.2023, since then the applicant is in judicial custody. It is also submitted that identically situated person has already been enlarged on bail by the learned Sessions Court and therefore on the ground of parity, the present applicant may also be enlarged on regular bail by imposing suitable terms and conditions.

Learned APP appearing on behalf of the respondent-State has opposed the present bail application. It is submitted that the role of the present applicant is clearly spelt out from the body of the FIR. Considering the role attributed by the present applicant at the time of commission of offence, the present application may not be considered.

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

I have perused the police papers as well as documents produced by the applicant along with the memo of the application. It is found out from the record that so called incident has occurred between 28.01.2014 to 18.08.2023 and FIR was registered on 26.10.2023, since then the applicant is in judicial custody. Identically situated person has already been enlarged on bail by the learned Sessions Court. Considering the principle of law of parity, I am inclined to exercise the discretion in favour of the applicant.

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 11187004230411 of 2023 registered with the Kadana Police Station, District Mahisagar, 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. to 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.