Allowed

Vishal @ Vishu S/O Sureshbhai Mangaldas Hadiyel v. State of Gujarat

Gujarat HC9 Dec 2021CR.MA/17801/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to the applicant in a murder case under Section 302 IPC. The investigation was over, the role attributed to the applicant was not grievous, and the Apex Court law in Sanjay Chandra was considered. The applicant is to execute a bond of Rs. 15,000 with conditions.

What did the court decide?

Applicant released on regular bail on executing a personal bond of Rs. 15,000 with one solvent surety of the like amount and complying with specified conditions.

Vishal @ Vishu S/O Sureshbhai Mangaldas Hadiyel… — Murder and Culpable Homicide | Gujarat HC (2021)

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R/CR.MA/17801/2021 ORDER DATED: 09/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17801 of 2021

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================================================== VISHAL @ VISHU S/O SURESHBHAI MANGALDAS HADIYEL

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Versus

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STATE OF GUJARAT

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================================================== Appearance:

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CHIRAG A PRAJAPATI(8468) for the Applicant(s) No. 1 MR MANAN MEHTA, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 09/12/2021

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ORAL ORDER

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[1] Rule. Learned APP waives service of notice of rule on behalf of respondent – State.

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[2] The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I- 11191041210749 of 2021 registered with Shaherkotda Police Station, Ahmedabad City for the offences under Sections 302, 397, 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act.

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[3] Learned advocate for the applicant submits that

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Page 1 of 4

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R/CR.MA/17801/2021 ORDER DATED: 09/12/2021

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considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

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[4] 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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[5] I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order.

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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 versus Central Bureau Investigation, reported in (2012) 1 SCC 40.

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[7] In the facts and circumstances of the case and considering the nature of allegations made aginst the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail.

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[8] This Court has considering the following aspects:

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(i) Investigation is over and charge sheet is filed.

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(ii) FIR was filed on 21.04.2021 for the offence occurred on

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18.04.2021.

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Page 2 of 4

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R/CR.MA/17801/2021 ORDER DATED: 09/12/2021

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(iii) Role attributed to the applicant in the papers of chargesheet, which is not grievous in nature.

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(iv) Applicant is in custody since 02.05.2021.

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[9] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.I- 11191041210749 of 2021 registered with Shaherkotda Police Station, Ahmedabad City on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned 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] surrender 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 Sessions Judge concerned;

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[e] mark presence before the concerned Police Station once between 1st and 15th day of every English calendar month for a period of six months.;

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[f] furnish latest and permanent address of residence to the Investigating Officer and also to the Court at the

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Page 3 of 4

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R/CR.MA/17801/2021 ORDER DATED: 09/12/2021

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time of execution of the bond and shall not change the residence without prior permission of this Court;

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[10] The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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. Bail bond to be executed before the lower Court having jurisdiction to try the case.

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[11] Rule is made absolute to the aforesaid extent. Direct service is permitted.

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(RAJENDRA M. SAREEN,J)

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DRASHTI K. SHUKLA

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Vishal @ Vishu S/O Sureshbhai Mangaldas Hadiyel v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Vishal @ Vishu S/O Sureshbhai Mangaldas Hadiyel v. State of Gujarat

Case brief

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What did the court decide?

What the court decided

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