Allowed

Rohanbhai Kishanbhai Kolhe v. State of Gujarat

Gujarat HC2 Dec 2021CR.MA/17891/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to an applicant arrested under sections 392, 394, 114 IPC and section 135 Gujarat Police Act. Considering the investigation was complete and the applicant was in jail, the court imposed a personal bond of Rs. 15,000 and standard conditions for bail.

What did the court decide?

Regular bail granted on a personal bond of Rs. 15,000 with one solvent surety of Rs. 15,000, subject to standard conditions.

Rohanbhai Kishanbhai Kolhe Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2021)

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R/CR.MA/17891/2021 ORDER DATED: 02/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17891 of 2021

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ROHANBHAI KISHANBHAI KOLHE

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Versus

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STATE OF GUJARAT

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Appearance:

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MR JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR DHARMESH DEVNANI, APP (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 : 02/12/2021

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ORAL ORDER

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1.RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

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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-11824004210892 of 2021 registered with Songadh Police Station, District: Tapi for the offences under Sections 392, 394, 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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3.Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable

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Page 1 of 4

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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) The applicant is in jail since 08.06.2021; (ii)Investigation is over and charge sheet is filed;

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(iii) It is submitted by learned advocate for
the applicant that applicant is not named in the
FIR.

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Page 2 of 4

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R/CR.MA/17891/2021 ORDER DATED: 02/12/2021

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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-11824004210892 of 2021
registered with Songadh Police Station,
District: Tapi 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 and if not having passport
shall file affidavit to that regard;

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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 5th day of every
English calendar month for a period of six
months.;

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[f] furnish latest and permanent address of
residence along with mobile number 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
this Court;

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Page 3 of 4

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R/CR.MA/17891/2021 ORDER DATED: 02/12/2021

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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. Registry to communicate this order to the concerned Jail Authority by Fax or Email forthwith.

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(RAJENDRA M. SAREEN,J)

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Pallavi

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Page 4 of 4

Rohanbhai Kishanbhai Kolhe v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Rohanbhai Kishanbhai Kolhe v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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