Allowed

Dhiren Morarbhai Gheewala v. State of Gujarat

Gujarat HC2 Nov 2020CR.MA/16252/2020

Case brief

AI extract

What is this about?

The High Court allowed a regular bail application under Section 439 CrPC. Considering the applicant's age, medical condition, and the fact that co-accused were on bail, the court granted bail with conditions including appearance before police and surrender of passport.

What did the court decide?

Applicant ordered released on regular bail by executing a bond of Rs.10,000 with one surety, subject to conditions of appearance, passport surrender, and adherence to COVID-19 circulars.

Dhiren Morarbhai Gheewala Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2020)

¶1

R/CR.MA/16252/2020 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 16252 of 2020

¶4

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

¶5

DHIREN MORARBHAI GHEEWALA

¶6

Versus
STATE OF GUJARAT

¶7

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

¶8

Appearance:

¶9

MR SUDHANSHU S PATEL(655) for the Applicant(s) No. 1
MS KD PARMAR(589) for the Applicant(s) No. 1

¶10

MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

¶11

CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

¶12

Date : 02/11/2020

¶13

ORAL ORDER

¶14

Rule. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent State.

¶15

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.11193003201320 of 2020 registered with Amreli City Police Station, District Amreli, for offence under Sections 188, 419, 420, 465, 468, 471, 384, 193, 511, 120(B), 114 and 34 of the Indian Penal Code and Sections 42, 43 and 45(12) of the Prisons Act.

¶16

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.

¶17

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

¶18

Page 1 of 4

¶19

R/CR.MA/16252/2020 ORDER

¶20

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

¶21

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.

¶22

This Court has considered following aspects,

¶23

(a) the applicant is aged about sixty-one years. He is in Jail since 25.08.2020;

¶24

(b) it is submitted by the learned advocate for the applicant that during the pendency of this application, now the charge-sheet is filed and investigation is over and it is also contended that the case is triable by the Court of Magistrate;

¶25

(c) three other co-accused have been enlarged on bail by the co-ordinate Bench of this Court. Copies of the said orders are placed on record;

¶26

(d) it is also submitted that the applicant is suffering from cardiac problem;

¶27

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

¶28

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 .

¶29

Page 2 of 4

¶30

R/CR.MA/16252/2020 ORDER

¶31

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11193003201320 of 2020 registered with Amreli City Police Station, District Amreli, 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;

¶32

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

¶33

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

¶34

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

¶35

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

¶36

[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.;

¶37

[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;

¶38

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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

¶39

Page 3 of 4

¶40

R/CR.MA/16252/2020 ORDER

¶41

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.

¶42

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

¶43

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

¶44

(VIPUL M. PANCHOLI, J)

¶45

SRILATHA

¶46

Page 4 of 4

Dhiren Morarbhai Gheewala v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Dhiren Morarbhai Gheewala v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bharatbhai Jerabhai Khant Vs State of Gujarat

Ajaysinh Pravinsinh Solanki Vs State of Gujarat

Ranchhodbhai Dineshbhai Chavda Vs State of Gujarat

Nirmal Hansrajbhai Manek Vs State of Gujarat

Bachubhai Nolkabhai Vasava Vs State of Gujarat

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