Allowed

Sanjeevkumar Kailasprasad Agrawal v. State of Gujarat

Gujarat HC10 Jul 2019CR.MA/6743/2019

Case brief

AI extract

What is this about?

Single judge order granting regular bail to the applicant in a cheating and criminal breach of trust case upon a personal bond with one surety, citing gross delay in FIR and conclusion of investigation.

What did the court decide?

Released on regular bail upon executing a personal bond of Rs.10,000 with one surety of the like amount to the satisfaction of the trial court, complied with specified conditions.

Sanjeevkumar Kailasprasad Agrawal Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2019)

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R/CR.MA/6743/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6743 of 2019

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SANJEEVKUMAR KAILASPRASAD AGRAWAL

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Versus

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STATE OF GUJARAT

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Appearance:

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MR SV RAJU, SENIOR ADVOCATE WITH MR.MRUDUL M BAROT(3750)
for the Applicant(s) No. 1

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MR PRAVIN GONDALIYA(1974) for the Respondent(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 10/07/2019

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ORAL ORDER

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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-15 of 2019 registered with Thorala Police Station, Rajkot City for offence under sections 406, 420 and 409 of IPC.

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2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the

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R/CR.MA/6743/2019 ORDER

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offence.

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4. Learned advocate for the complainant has opposed this application and referred the averments made in the affidavit filed by the complainant and submitted that looking to the role attributed to the applicant, this Court may not exercise the discretion in favour of the applicant.

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

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6. 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 applicant on regular bail.

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7. This Court has considered the following aspects:

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(a) applicant is in jail since 13.02.2019.

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(b) investigation is concluded and chargesheet is filed.

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(c) FIR is filed for the alleged offence
punishable under Sections 406, 420 and 409 of
IPC.

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(d) the case is triable by the Court of

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R/CR.MA/6743/2019 ORDER

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Magistrate.

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(e)for the incident which has taken place
in May 2015, FIR in question is filed on
11.02.2019. Thus, there is gross delay in
lodging the FIR.

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In view of the aforesaid facts and
circumstances of the present case, I am
inclined to consider the case of the
applicant.

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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 .

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9.Hence, the present application is allowed.
The applicant is ordered to be released on
regular bail in connection with FIR being
C.R.No.I-15 of 2019 registered with Thorala

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Police Station, Rajkot City on executing a
personal bond of Rs.10,000/- (Rupees Ten
Thousand only) with one surety of the like
amount to the satisfaction of the trial Court
and subject to the conditions that he shall;

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

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

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[c] surrender passport, if any, to the

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R/CR.MA/6743/2019 ORDER

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lower court within a week;

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

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[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.;

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[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;

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10. 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.

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11. At the trial, the Trial Court shall not be

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R/CR.MA/6743/2019 ORDER

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influenced by the prima facie observations
made by this Court in the present order.

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

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(VIPUL M. PANCHOLI, J)

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Jani

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Sanjeevkumar Kailasprasad Agrawal v. State of Gujarat

Case brief

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Sanjeevkumar Kailasprasad Agrawal v. State of Gujarat

Case brief

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