Allowed

Prabhubhai Kanabhai Koli v. State of Gujarat

Gujarat HC20 Jul 2020CR.MA/8776/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the High Court of Gujarat at Ahmedabad, after hearing counsel, granted regular bail to four applicants accused of theft and illegal mining. The court imposed stringent conditions involving personal bond, presence, and passport surrender.

What did the court decide?

Applicants ordered to be released on regular bail by executing a personal bond of Rs. 10,000 each with one local surety, subject to strict conditions.

Prabhubhai Kanabhai Koli Vs State of Gujarat — Bail and Remand | Gujarat HC (2020)

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R/CR.MA/8776/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 8776 of 2020

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PRABHUBHAI KANABHAI KOLI

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Versus

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STATE OF GUJARAT

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Appearance:

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MR KIRTIDEV R DAVE(3267) for the Applicant(s) No. 1,2,3,4 MR RAHUL K DAVE(3978) for the Applicant(s) No. 1,2,3,4 MS. MAITHILI MEHTA, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 20/07/2020

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ORAL ORDER

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Heard Mr. Kirtidev R. Dave, learned advocate for the applicants and Ms. Maithili Mehta, learned APP for the respondent State through Video-conferencing.

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[1] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No. 11993004200550 of 2020 registered with Bhachau Police Station, District: Kachchh for the offences punishable under Sections 379 and 114 of the Indian Penal Code and under Section 4(1), 4(1),(A) and 21(1) of the Mines and Minerals Act and Rule 3 and 21 of Gujarat Minerals (Prevention of Illegal Mining, Transport and Storage), Rules-2017.

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[2] Learned advocate appearing for the applicants submit

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Page 1 of 4

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R/CR.MA/8776/2020 ORDER

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that the applicants are drivers and in custody since 30.5.2020. He further submits that considering the nature of evidence, role attributed to the applicants and punishment prescribed, this application for bail may kindly be considered and the applicants may be released on bail on stringent conditions.

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[3] 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.

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[4] Having heard the learned advocates for the parties and perused the materials 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, at this stage, this Court is inclined to grant regular bail to the applicants.

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[5] This Court has considered following aspects;

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(i) The fact that the accused are in jail since 30.5.2020;

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(ii) The custodial interrogation is over;

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[6] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40 ;

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[7] In the result, the present application is allowed and

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Page 2 of 4

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R/CR.MA/8776/2020 ORDER

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the applicants are ordered to be released on regular bail in connection with an FIR being C.R.No. 11993004200550 of 2020 registered with Bhachau Police Station, District: Kachchh , on executing a personal bond of Rs. 10,000/- (Rupees Ten Thousands Only) each with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they 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 his 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 concerned Trial Court;

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[e] mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six 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 the Trial Court;

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Page 3 of 4

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R/CR.MA/8776/2020 ORDER

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[8] The Authorities will release the applicants 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial 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 applicants on bail. Rule is made absolute accordingly.

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[9] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the applicants are also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

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(A. P. THAKER, J)

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SAJ/ KUMAR ALOK

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Prabhubhai Kanabhai Koli v. State of Gujarat

Case brief

What is this about?

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Prabhubhai Kanabhai Koli v. State of Gujarat

Case brief

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