Allowed

Manubhai @ Harshadbhai Chamanbhai Mevada (Suthar) v. State of Gujarat

Gujarat HC7 Oct 2021CR.MA/10439/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous application for regular bail in a Narcotic Drugs and Psychotropic Substances Act case, the High Court of Gujarat, considering the conclusion of investigation and lack of special circumstances against the applicant, granted bail subject to conditions including a monetary bond and reporting to the police station.

What did the court decide?

Applicant to be released on regular bail on executing a personal bond of Rs.10,000/- with one surety, subject to conditions including surrendering passport and reporting to police once a month.

Manubhai @ Harshadbhai Chamanbhai Mevada (Suthar) Vs State… — Bail and Remand | Gujarat HC (2021)

¶1

R/CR.MA/10439/2021 ORDER DATED: 07/10/2021

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 10439 of 2021

¶3

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

¶4

MANUBHAI @ HARSHADBHAI CHAMANBHAI MEVADA (SUTHAR)

¶5

Versus

¶6

STATE OF GUJARAT

¶7

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

¶8

Appearance:

¶9

MR J M PANCHAL, SENIOR ADVOCATE WITH MR K J PANCHAL(2422) for the Applicant(s) No. 1,2 MR H K PATEL, APP (2) for the Respondent(s) No. 1

¶10

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

¶11

CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE Date : 07/10/2021

¶12

ORAL ORDER

¶13

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR-I/11195019210177 /2021 registered with Deesa Rural Police Station, Banaskantha for offence under Sections 8(C), 20(B)(ii)(c) and 29 of the N.D.P.S. Act.

¶14

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.

¶15

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

¶16

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

¶17

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

¶18

Page 1 of 4

¶19

R/CR.MA/10439/2021 ORDER DATED: 07/10/2021

¶20

I. The FIR is registered on 03.03.2021 for the offence which is alleged to have taken place on 03.03.2021.

¶21

II. The applicant is in jail since 23.03.2021.

¶22

III. The investigation is concluded and charge-sheet is filed.

¶23

IV. Submissions of learned Senior Advocate that even from the investigation case papers, the names of the applicants are running in the revenue record along with other family members whose names are reflected in the revenue record and are cited as witnesses, however, actual cultivation has been given on rent to the other co-accused persons, who are undertaking the agricultural activities.

¶24

V. Submissions of learned Senior Advocate, by drawing attention of this Court, that the panchnama which indicates that there is actual cultivation on rent, wherein crops of Wheat and Rajgara have been found standing and also stored.

¶25

VI. The panchnama also indicates that plants were found sporadically on the boarder of agricultural field.

¶26

VII. Submissions of learned Senior Advocate that even from the statement of Talati-cum-Mantri recorded during the course of investigation would indicate that co-accused Ajay and his family had been residing in that place since long and are taking care of agricultural activities.

¶27

VIII. Submissions of learned Senior Advocate that applicant are not actually residing at the agricultural field, but are residing at Villages:Ranpur and Dessa and are engaged in carpenter work and not in agricultural activities.

¶28

Page 2 of 4

¶29

R/CR.MA/10439/2021 ORDER DATED: 07/10/2021

¶30

IX. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

¶31

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

¶32

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie , this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

¶33

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being CR-I/11195019210177 /2021 registered with Deesa Rural Police Station, Banaskantha , 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;

¶34

(a) not take undue advantage of liberty or misuse liberty;

¶35

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

¶36

¶37

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

¶38

Page 3 of 4

¶39

R/CR.MA/10439/2021 ORDER DATED: 07/10/2021

¶40

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

¶41

(f) furnish the present address of his 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 Trial Court;

¶42

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 concerned will be free to issue warrant or take appropriate action in the matter.

¶43

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.

¶44

At the trial, the 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.

¶45

Rule is made absolute to the aforesaid extent.

¶46

Direct service is permitted.

¶47

(A.Y. KOGJE, J)

¶48

GIRISH

¶49

Page 4 of 4

Manubhai @ Harshadbhai Chamanbhai Mevada (Suthar) v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Manubhai @ Harshadbhai Chamanbhai Mevada (Suthar) 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

Mahavirsinh Ramsangji Vala Vs State of Gujarat

Sureshsinh Chandrasinh Bodana Vs State of Gujarat

Aziz @ Abdul Vohra Patel Vs State of Gujarat

Vasantbhai Bhikhabhai Patel Vs State of Gujarat

Nishant Tulsidas Parmar Vs State of Gujarat

Mohammed Sohail Ayub Juneja Vs State of Gujarat