Allowed

Yogeshbhai Jethabhai Amin v. State of Gujarat

Gujarat HC15 Dec 2020CR.MA/18052/2020

Case brief

AI extract

What is this about?

High Court at Ahmedabad allowed a successive bail application under Section 439 CrPC filed post-charge-sheet by an accused in a corruption case involving pesticide shop inspection, releasing him on personal bond.

What did the court decide?

Application allowed; applicant released on regular bail with personal bond of Rs.50,000 and one surety of like amount subject to conditions including surrender of passport and residence declaration.

Yogeshbhai Jethabhai Amin Vs State of Gujarat — Corruption | Gujarat HC (2020)

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R/CR.MA/18052/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 18052 of 2020

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YOGESHBHAI JETHABHAI AMIN

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Versus STATE OF GUJARAT

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Appearance:

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MR P P MAJMUDAR(5284) for the Applicant(s) No. 1 MS KRINA CALLA, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

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Date : 15/12/2020

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ORAL ORDER

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Heard Mr. P.P.Majmudar, learned counsel for the applicant and Ms. Krina Calla, learned APP for the respondent – State through Video Conferencing.

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This successive application, after filing of the Charge-sheet, has been filed by the applicant, under Section 439 of the Code of Criminal Procedure, 1973, seeking his release on regular bail in a crime, where he is charged in connection with the FIR being C.R.No.I - 05 of 2020 registered at ACB Police Station, Dist. Chhota Udepur, punishable under Sections 7(a), 13(1)(D) and 13 (2) of the Prevention of Corruption Act.

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Facts of the prosecution in brief is that the applicant being an Agricultural Officer, inspected the shop of the complainant, who is doing the business of pesticides and fertilizers in the name and style of “Agri Business Centre” at Nasvadi, Chhota Udepur. The applicant herein, after inspecting the shop, issued a show-cause notice dated 08.09.2020, asking the explanation from the complainant with regard to selling pesticides without any license. The applicant approached the complainant to settle the case and demanded bribe amount of Rs.1,50,000/-. The complaint in this regard came to be lodged and trap was led on 15.09.2020 and

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Page 1 of 4

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R/CR.MA/18052/2020 ORDER

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the applicant was caught raid handed while accepting the bribe amount as alleged in the complaint. As a result, the offence came to be registered as FIR being C.R.No.I - 05 of 2020 registered at ACB Police Station, Dist. Chhota Udepur, punishable under Sections 7(a), 13(1)(D) and 13 (2) of the Prevention of Corruption Act.

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Mr. Majmudar, learned counsel for the applicant would submit that, the case is based on documentary evidences which has already been collected by the Investigating Officer and thus, now there is no requirement of the applicant to put him behind the bar. It is further contended that, since the date of his arrest, the applicant is in jail and after filing of the chargesheet by the investigating officer, the trial may not be proceeded further in near future. Relying upon a decision of Sanjay Chandra Vs. CBI, [(2012) 1 SCC 40], it is submitted that considering the principles laid down by the Apex Court by granting bail, present bail application may be allowed by imposing suitable terms and conditions.

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On the other hand, learned APP appearing for the respondent – State has opposed the bail to the applicant on the ground that, the allegations against the applicant are grave in nature affecting the society at large. She drew the attention towards the affidavit filed by the Investigating Officer.

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After having heard the learned counsel for the respective parties and considering the facts as well as affidavit filed by the Investigating Officer and considering the facts and circumstances of the present case as well as the principles laid down in the case of Sanjay Chadra (supra), this Court is of the opinion that, discretion is required to be exercised in favour of the applicant by enlarging the applicant on bail. While exercising discretion, the

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R/CR.MA/18052/2020 ORDER

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following factors have been considered :-

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(I) Since 16.09.2020, the applicant is in jail;

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(ii) After completion of investigation, Charge-sheet has already been filed by the I.O on 03.11.2020;

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In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.I - 05 of 2020 registered at ACB Police Station, Dist. Chhota Udepur, on executing a personal bond of Rs.50,000/- (Rupees Fifty thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

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Nos. Conditions (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injuries to the interest of the prosecution;

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(d) not leave India without prior permission of the Sessions Judge concerned;

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(e) 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 the trial Court;

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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

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R/CR.MA/18052/2020 ORDER

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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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Registry to send a copy of this order to the concerned Jail Authority as well as ld. Sessions Court forthwith through fax and e-mail.

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(ILESH J. VORA,J)

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JYOTI V. JANI/SUCHIT

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Yogeshbhai Jethabhai Amin v. State of Gujarat

Case brief

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Yogeshbhai Jethabhai Amin v. State of Gujarat

Case brief

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