Allowed

Suresh Bhagwanjibhai Sikotariya v. State of Gujarat

Gujarat HC21 Jul 2020CR.A/650/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to four appellants under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering lack of overacting, allegations against them, and prior bail for co-accused, the court allowed the appeal and ordered release on bond without prosecution objection regarding the co-accused bail.

What did the court decide?

Appellants to be released on regular bail by executing a personal bond of Rs.10,000 with one surety of the like amount along with conditions.

Suresh Bhagwanjibhai Sikotariya Vs State of… — Pension and Retirement Benefits | Gujarat HC (2020)

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R/CR.A/650/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL APPEAL NO. 650 of 2020

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SURESH BHAGWANJIBHAI SIKOTARIYA & 3 other(s)

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Versus

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STATE OF GUJARAT

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Appearance:

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MR YN RAVANI(718) for the Appellant(s) No. 1,2,3,4 MAYANK R CHAVDA(9250) for the Opponent(s)/Respondent(s) No. 2 MS MAITHILI MEHTA, APP (2) for the Opponent(s)/Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 21/07/2020

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ORAL ORDER

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[1] The present appeal is filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for regular bail in connection with an FIR being C.R.No.11186009200710 dated 04.06.2020 registered with Veraval Police Station, District: Gir Somnath for the offences under Sections 323, 504, 506(2), 342 and 114 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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[2] Learned advocate for the appellants submits that the appellants are innocent and they have been wrongly roped in the offence. It is contended that there is no role of the applicants in the alleged offence. It is also submitted that co-accused of the appellants herein are already released by this Court and, therefore,on the ground of parity also the appellants may be released on bail. He has also submitted that no ingredients of Atrocity Act have been made out against the present appellants. Therefore, the applicants may be enlarged on regular bail by imposing suitable conditions.

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Page 1 of 4

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R/CR.A/650/2020 ORDER

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[3] Per contra, learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. She has submitted that grant of bail to co-accused cannot be considered to be ground to release the appellants at this stage. She has contended that there is prima facie case against the present appellants and therefore, looking to the seriousness of the offence their bail application may be rejected. [4] Learned advocate Mr. Mayank Chavda appearing for respondent No.-2 – original complainant has also opposed the grant of bail. He has submitted that there is specific role of the appellants herein and, therefore, this appeal may be dismissed. He has supported the submissions made by the learned APP and requested that the present appeal may be rejected.

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[5] I have heard learned advocates appearing on behalf of the respective parties through video conference. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

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[6] After considering rival submissions and considering the order passed by this Court in Criminal Appeal No.646 of 2020 granting bail to the co-accused of the same offence and the allegations against the present appellants, it seems that prima facie there is no overact in the commission of the alleged offence. Under the circumstances, I am of the opinion that this is a fit case to exercise the discretion and enlarge the appellants on regular bail. This Court has also considered the fact that there are cross complaints. 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, [2012] 1 SCC 40 . Accordingly, present appeal is

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Page 2 of 4

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R/CR.A/650/2020 ORDER

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allowed. The appellants are ordered to be released on regular bail in connection with FIR being C.R.No.11186009200710 dated 04.06.2020 registered with Veraval Police Station, District: Gir Somnath on executing a personal bond of Rs.10,000/- (Rupees: Ten Thousand Only) each with one surety of the like amount to the satisfaction of the learned Sessions Court and subject to the conditions that the appellants 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 injuries to the interest of the prosecution;

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[c] surrender passport, if any, to the 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] furnish latest and permanent address of residence to the Investigating OfÏcer 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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[f] mark presence before the concerned Police Station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;

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[7] The Authorities will release the appellants 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 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 Sessions Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the appellants on bail.

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Page 3 of 4

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R/CR.A/650/2020 ORDER

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[8] Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry is directed to communicate this order to the concerned Jail Authority forthwith with the direction that whenever they receive bail and bail bond from the concerned trial Court, the appellants be released on bail.

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(A. P. THAKER, J)

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RS MALEK/ KUMAR ALOK

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Suresh Bhagwanjibhai Sikotariya v. State of Gujarat

Case brief

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Suresh Bhagwanjibhai Sikotariya v. State of Gujarat

Case brief

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