Allowed

Ramdevsinh @ Rambha @ Nanbha Surubha Vaghela Thro Hareshbhai Prakashbhai Vasfoda (Solanki) v. State of Gujarat

Gujarat HC2 Nov 2020CR.MA/15371/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed an application for regular bail under Section 439 CrPC. Considering the overruling of the remand period, the conclusion of investigation, and the discretion allowed in bail matters, the court enlarged the applicant on a personal bond with surety and specific conditions.

What did the court decide?

The applicant is ordered to be released on regular bail on execution of a personal bond of Rs. 10,000 with one surety, subject to conditions including surrender of passport and restricted movement.

Ramdevsinh @ Rambha @ Nanbha Surubha Vaghela Thro Hareshbhai… — Bail and Remand | Gujarat HC (2020)

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R/CR.MA/15371/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 15371 of 2020

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RAMDEVSINH @ RAMBHA @ NANBHA SURUBHA VAGHELA THRO
HARESHBHAI PRAKASHBHAI VASFODA (SOLANKI)

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Versus

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STATE OF GUJARAT

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Appearance:

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SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

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Date : 02/11/2020

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ORAL ORDER

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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.11211055200439 of 2020 registered with Wadhvan Police Station, District Surendranagar for offence under the provisions of the Prohibition Act.

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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 respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

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

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Page 1 of 4

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R/CR.MA/15371/2020 ORDER

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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 applicant on regular bail.

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6. This Court has considered following aspects,

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(a) applicant is in jail since 07.09.2020;

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(b) remand period is over. Investigation is almost concluded qua applicant;

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(c) I have considered the quantity of muddamal liquor which was seized from the accused;

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(d) it is submitted that co-accused against whom almost similar type of allegations are levelled, is enlarged on bail by the coordinate bench of this Court;

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Looking to the overall facts and circumstances of
the present case, I am inclined to consider the
case of the applicant.

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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 .

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8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being

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C.R.No.11211055200439 of 2020 registered with

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Wadhvan Police Station, District Surendranagar 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

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Page 2 of 4

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R/CR.MA/15371/2020 ORDER

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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 lower
court within a week;

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[d] not leave the India without prior permission of the concerned trial court;

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[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.;

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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 the concerned trial court;

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[g] shall not enter into Surendranagar District for a period of three months except for marking presence and attending the Court proceedings;

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9. The authorities shall adhere to its own circular regarding Covid-19 and thereafter 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,

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Page 3 of 4

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R/CR.MA/15371/2020 ORDER

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modify and/or relax any of the above conditions,
in accordance with law.

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

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11.Rule is made absolute to the aforesaid extent.
Direct service is permitted. Registry to
communicate this order to the concerned
Court/Authority through Fax or Email.

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(VIPUL M. PANCHOLI, J)

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SRILATHA

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Page 4 of 4

Ramdevsinh @ Rambha @ Nanbha Surubha Vaghela Thro Hareshbhai Prakashbhai Vasfoda (Solanki) v. State of Gujarat

Case brief

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Ramdevsinh @ Rambha @ Nanbha Surubha Vaghela Thro Hareshbhai Prakashbhai Vasfoda (Solanki) v. State of Gujarat

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