Allowed

Manishkumar Ramdevsingh Kushvah v. State of Gujarat

Gujarat HC8 Oct 2021CR.MA/10680/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to the applicants in a bail application under Section 439 CrPC. The applicants were prosecuted under the Arms Act for manufacturing a prohibited firearm. Having considered the concluded investigation and disputed facts regarding the firearm, the court held it a fit case for bail subject to personal bond and strict supervision conditions.

What did the court decide?

Application allowed; Applicant(s) released on regular bail by personal bond with one surety and subject to specific conditions including residence restriction and reporting.

Manishkumar Ramdevsingh Kushvah Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/10680/2021 ORDER DATED: 08/10/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 10680 of 2021

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MANISHKUMAR RAMDEVSINGH KUSHVAH

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Versus

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STATE OF GUJARAT

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Appearance:

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MR YASH K DAVE(10269) for the Applicant(s) No. 1 VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1 MR HARDIK SONI APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 08/10/2021

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ORAL ORDER

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RULE . Mr. Hardik Soni, learned Additional Public Prosecutor waives service of rule on behalf of the respondentState.

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This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.11218015201439 of 2020 with Ranavav Police Station, Porbandar for the offence punishable under Sections25(1)(a) and 29 of Arms Act.

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Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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On the other hand, the learned Additional Public Prosecutor

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Page 1 of 4

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R/CR.MA/10680/2021 ORDER DATED: 08/10/2021

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appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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

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

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I) The F.I.R. is registered on 23.12.2020 for the offence which is alleged to have taken place on 23.12.2020;

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II) The applicant is in custody since 23.12.2020;

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III) Investigation is concluded and charge-sheet is filed.

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IV) Learned advocate for the applicant states that the nature of fire arm being a prohibited fire arm is highly disputed and the dispute can be decided only after the report of the Ballistic expert. However, it is contended that panchnama reveals that the fire arm is a country made pistol and will only attract section 21(a) of the Arms Act.

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V) Considering the aforesaid submission and the fact that the trial is Magistrate triable and the maximum sentence that can be imposed.

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VI) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

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In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.

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Page 2 of 4

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R/CR.MA/10680/2021 ORDER DATED: 08/10/2021

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.11218015201439 of 2020 with Ranavav Police Station, Porbandar 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;

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

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(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;

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

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(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.;

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(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;

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(g) not to leave District- Porbandar, till the completion of trial.

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(h) furnish solvency surety to the tune of Rs. 25,000/-.

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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 concerned will be free to issue warrant or

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R/CR.MA/10680/2021 ORDER DATED: 08/10/2021

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take appropriate action in the matter.

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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.

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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.

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The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

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(A.Y. KOGJE, J)

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Radhika

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Manishkumar Ramdevsingh Kushvah v. State of Gujarat

Case brief

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Manishkumar Ramdevsingh Kushvah v. State of Gujarat

Case brief

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