Allowed

Ratanben Shamlabhai Gareja v. State of Gujarat

Gujarat HC15 Jul 2019CR.MA/12125/2019

Case brief

AI extract

What is this about?

This single judge order allowed a bail application under Section 439 CrPC. The High Court, citing the overrunning of remand and the nature of allegations, granted regular bail to applicants with a personal bond and stringent conditions.

What did the court decide?

Applicants released on regular bail with a personal bond of Rs. 10,000 each and one surety each; strict conditions imposed regarding surrender of passport, appearance, and address.

Ratanben Shamlabhai Gareja Vs State of Gujarat — Bail and Remand | Gujarat HC (2019)

¶1

R/CR.MA/12125/2019 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 12125 of 2019

¶4

=======================================================
RATANBEN SHAMLABHAI GAREJA

¶5

Versus

¶6

STATE OF GUJARAT

¶7

=======================================================

¶8

Appearance:

¶9

MR MAHESH POOJARA for MR ASHISH M DAGLI(2203) for the
Applicant(s) No. 1,2,3,4,5

¶10

MR LB DABHI APP(2) for the Respondent(s) No. 1

¶11

=======================================================

¶12

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

¶13

Date : 15/07/2019

¶14

ORAL ORDER

¶15

1. 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-13/2019 registered with Madhavpur Police Station, Porbandar for offence under Sections 143, 147, 148, 149, 186, 323, 332, 504, 506(2), 307 and 435 of the Indian Penal Code and Sections 3 and 5 of the Prevention of Damage to Public Property Act.

¶16

2. 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.

¶17

3. Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

¶18

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

¶19

Page 1 of 4

¶20

R/CR.MA/12125/2019 ORDER

¶21

5.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.

¶22

6. This Court has considered following aspects,

¶23

(a) the applicants are in jail since 08.06.2019;

¶24

(b) remand period is over as the investigation is almost concluded qua the applicants;

¶25

(c) FIR is filed against the mob of more than 200 persons;

¶26

(d) no serious injury is received by the complainant or the injured witnesses;

¶27

(e) some of the co-accused have been enlarged on anticipatory bail or bail by this Court.

¶28

Thus looking to overall facts of the present
case, I am inclined to consider the case of the
applicants.

¶29

7. 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 .

¶30

8.Hence, the present application is allowed. The
applicants are ordered to be released on regular
bail in connection with FIR being C.R. No.I-
13/2019 registered with Madhavpur Police Station,
Porbandar on executing a personal bond of
Rs.10,000/- (Rupees Ten Thousand only) each with

¶31

Page 2 of 4

¶32

R/CR.MA/12125/2019 ORDER

¶33

one surety each of the like amount to the
satisfaction of the trial Court and subject to the
conditions that they shall;

¶34

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

¶35

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

¶36

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

¶37

[d] not leave the India without prior permission of the Sessions Judge concerned;

¶38

[e] mark presence before the concerned Police Station between 1^st to 10^th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

¶39

[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;

¶40

9. 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 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.

¶41

Page 3 of 4

¶42

R/CR.MA/12125/2019 ORDER

¶43

10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

¶44

11. Rule is made absolute to the aforesaid extent. Direct service is permitted.

¶45