Allowed

Ashwin @ Avinash Kantibhai Patel v. State of Gujarat

Gujarat HC20 Jul 2020CR.MA/9157/2020

Case brief

AI extract

What is this about?

High Court of Gujarat granted regular bail to the applicant in a prohibition offence. The court considered prior bail for co-accused and precedent. Bail granted subject to strict conditions including appearance before police and bonding.

What did the court decide?

Release on regular bail by executing personal bond of Rs. 10,000 with one local surety of the same amount subject to specific conditions of appearance, residence, and surrendering passport.

Ashwin @ Avinash Kantibhai Patel Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2020)

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R/CR.MA/9157/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 9157 of 2020

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================================================= ASHWIN @ AVINASH KANTIBHAI PATEL

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1 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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[1] Heard Mr.Baghel, learned advocate for the applicant and Ms.Mehta, learned Additional Public Prosecutor for respondent – State through Video Conferencing.

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[2] RULE . Ms.Mehta, learned Additional Public Prosecutor waives service of notice of rule for respondent – State.

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[3] Rule is fixed forthwith.

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[4] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being Pro. C.R.No.11214046200899 of 2020 registered with Palsana Police Station. District: Surat (Rural) for the offences punishable under Sections 65(E), 81, 98(2) of the

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Page 1 of 4

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R/CR.MA/9157/2020 ORDER

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Prohibition Act.

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[5] Learned advocate appearing for the applicant submits that there is no evidence against the applicant and the applicant has been named by the co-accused . He further submits that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

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[6] Learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of regular bail on the ground that the nature and gravity of the offence is affecting the society at large.

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[7] 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 applicant.

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[8] This Court has considered following aspects;

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(i) That other co-accused are enlarged on bail;

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(ii) The fact that the accused is in jail since 20.06.2020;

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[9] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra

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Page 2 of 4

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R/CR.MA/9157/2020 ORDER

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Vs. Central Bureau of Investigation, (2012) 1 SCC 40 ;

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[10] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being Pro. C.R.No.11214046200899 of 2020 registered with Palsana Police Station. District: Surat (Rural) , on executing a personal bond of Rs.10,000/- (Rupees Ten Thousands Only) with one local 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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[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

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Page 3 of 4

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R/CR.MA/9157/2020 ORDER

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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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[11] The Authorities will release the applicant only if he 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 applicant on bail. Rule is made absolute accordingly.

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[12] 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 applicant is 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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VR PANCHAL / KUMAR ALOK

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Page 4 of 4

Ashwin @ Avinash Kantibhai Patel v. State of Gujarat

Case brief

What is this about?

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Ashwin @ Avinash Kantibhai Patel v. State of Gujarat

Case brief

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