Allowed

Mangalji @ Balaji Bhavsangji Jalaji Thakor v. the State of Gujarat

Gujarat HC24 Sept 2021CR.MA/12806/2021

Case brief

AI extract

What is this about?

The High Court allowed a successive bail application under Section 439 CrPC. The court cited parity of role with co-accused and lack of flight risk. Bail was granted subject to executing a bond and adhering to standard conditions, excluding relief pending investigation unless no other offence involved.

What did the court decide?

Released on bail subject to bond of Rs. 10,000 with one surety and conditions of not leaving India, changing residence without permission, and appearing when required.

Mangalji @ Balaji Bhavsangji Jalaji Thakor Vs the State of… — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/12806/2021 ORDER DATED: 24/09/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 12806 of 2021

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MANGALJI @ BALAJI BHAVSANGJI JALAJI THAKOR

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Versus

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THE STATE OF GUJARAT

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Appearance:

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MITTAL N PATEL(7614) for the Applicant(s) No. 1 MS MOXA THAKKAR APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 24/09/2021

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ORAL ORDER

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Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

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Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.

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This is successive bail application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.11217009210343 of 2021 with Harij Police Station for the offences punishable under Sections 399, 400 and 402 of IPC and under Section 135 of GP Act.

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Heard and examined the papers placed for consideration in support of the submission made at bar.

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Upon hearing submission, following picture emerges on record :-

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(i) Charge sheet is filed.

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(ii) All the co-accused are enlarged on regular bail by the learned Sessions Court and the role attributed to the

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Page 1 of 3

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R/CR.MA/12806/2021 ORDER DATED: 24/09/2021

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present applicant stands on the same footing, therefore, on the ground of parity, present application deserves consideration.

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(iii) Learned APP objected the grant of bail on the premise that there are in all 18 offences registered against the applicant with various Police Stations. Since the Court is required to consider the present application on its own merit and therefore factum of past incident becomes irrelevant / insignificant.

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(iv) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

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(v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

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Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No.11217009210343 of 2021 with Harij Police Station, on executing a 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 the applicant 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;

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[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

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[d] appear before the Investigation Officer

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Page 2 of 3

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R/CR.MA/12806/2021 ORDER DATED: 24/09/2021

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concerned, as and when required for investigation purpose and attend the Court concerned regularly.

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[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

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The competent authority will release the applicant only if the applicant 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 take appropriate action in the matter. 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. 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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Rule made absolute to the aforesaid extent. Direct service is permitted.

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(S.H.VORA, J)

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sompura

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Mangalji @ Balaji Bhavsangji Jalaji Thakor v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

Mangalji @ Balaji Bhavsangji Jalaji Thakor v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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