Allowed

Bhupatbhai Hirabhai Vaghela v. State of Gujarat

Gujarat HC7 Oct 2020CR.MA/14540/2020

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the applicant faced charges of cheating, forgery, and criminal intimidation. The High Court held it was a fit case to grant bail since the punishment was less than seven years and the investigation was largely complete.

What did the court decide?

Application allowed; applicant released on regular bail via personal bond of Rs. 15,000 with one surety, subject to strict conditions including passport surrender and police appearance.

Bhupatbhai Hirabhai Vaghela Vs State of Gujarat — Dowry and Cruelty | Gujarat HC (2020)

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R/CR.MA/14540/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 14540 of 2020

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BHUPATBHAI HIRABHAI VAGHELA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR GAURAV CHUDASAMA(5660) for the Applicant(s) No. 1 MR RC KODEKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE R.P.DHOLARIA

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Date : 07/10/2020

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ORAL ORDER

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[1] Rule . Learned APP waives service of notice of rule for and on behalf of respondent-State.

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[2] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.11193003201320 of 2020 registered with Amreli City Police Station, for the offence punishable under Sections 188, 419, 420, 465, 468, 471, 384, 193, 511, 120-B, 114, 34 of IPC and sections 42, 43, 45(12) of Prisons Act.

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[3] Learned advocate appearing on behalf of the applicant by video conferencing submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[4] Learned Additional Public Prosecutor appearing

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Page 1 of 4

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R/CR.MA/14540/2020 ORDER

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on behalf of the respondent-State by video conferencing has opposed grant of regular bail looking to the nature and gravity of the offence.

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[5] I have heard learned advocates appearing on behalf of the respective parties by video conferencing and perused the papers of investigation, it appears that crucial part of the investigation is over and punishment for the offence is less than 7 years.

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[6] In the facts and circumstances of the case and considering the nature of 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 an offence being C.R.No.11193003201320 of 2020 registered with Amreli City Police Station on executing a personal bond of Rs.15,000/- (Rupees Fifteen thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the further 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 injuries to the interest of the prosecution;

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Page 2 of 4

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R/CR.MA/14540/2020 ORDER

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

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

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[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10:00 a.m. and 2:00 p.m.;

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[f] 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 this Court;

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[7] 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 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 applicant on bail. Rule is made absolute to the aforesaid extent.

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Page 3 of 4

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R/CR.MA/14540/2020 ORDER

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[8] Registry also to send the coy of the this Order to the concerned Jail Authority through Fax and Email.

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(R.P.DHOLARIA, J)

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cmk/PATHAN

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Bhupatbhai Hirabhai Vaghela v. State of Gujarat

Case brief

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Bhupatbhai Hirabhai Vaghela v. State of Gujarat

Case brief

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