Partly allowed

Savaji S/O. Kantibhai Devipujak v. State of Gujarat

Gujarat HC8 Dec 2021CR.MA/17953/2021

Case brief

AI extract

What is this about?

Criminal Misc. Application filed for regular bail. Court observed that applicant No.1 did not press the application while applicant No.2 sought bail considering investigation completion and lack of antecedents. Court granted bail to applicant No.2 subject to multiple conditions including bond execution and proximity restrictions.

What did the court decide?

Applicant No.2 released on regular bail with personal bond of Rs.15,000/- and one surety, subject to strict conditions including surrendering passport and periodic appearance before police.

Savaji S/O. Kantibhai Devipujak Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/17953/2021 ORDER DATED: 08/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17953 of 2021

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========================================================== SAVAJI S/O. KANTIBHAI DEVIPUJAK & 1 other(s)

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Versus STATE OF GUJARAT

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

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Appearance:

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MR. RAJAN J PATEL(6775) for the Applicant(s) No. 1,2 MR RONAK RAVAL, 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 : 08/12/2021

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ORAL ORDER

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[1] 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-51 of 2019 registered with Dasada Police Station, District: Surendranagar for the offences under Sections 302, 307, 324, 143, 147, 148 and 149 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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[2] Learned advocate for the applicants is not pressing this application so far as applicant No.1 is concerned. Therefore, present application stands disposed of as not pressed, so far applicant No.1. Now the present application remains for applicant No.2 only.

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[3] Learned advocate for the applicant No.2 submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by

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Page 1 of 4

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R/CR.MA/17953/2021 ORDER DATED: 08/12/2021

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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 against the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant No.2 and enlarge the applicant No.2 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) Applicant No.2 is resident of village Dasada, Taluka Patdi and will not flee away.

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(iii) Applicant No.2 is not having any antecedent.

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(iv) No role is attributed to the applicant No.2 in the charge sheet.

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(v) Applicant No.2 is in jail since 24.11.2019.

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Page 2 of 4

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R/CR.MA/17953/2021 ORDER DATED: 08/12/2021

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[9] In the result , the present application is partly allowed and the applicant No.2 – Kanu S/o. Kantibhai Devipujak is ordered to be released on regular bail in connection with an offence being C.R.No.I-51 of 2019 registered with Dasada Police Station, District: Surendranagar 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 No.2 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 1^st and 5^th 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 time of execution of the bond and shall not change the residence without prior permission of this Court;

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[g] not enter into vicinity, where the complainant and witnesses are residing for a period of 6 months.

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[10] The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant No.2 only if

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Page 3 of 4

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R/CR.MA/17953/2021 ORDER DATED: 08/12/2021

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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] The trial Court shall make an endeavor to complete the trial, if possible, within a period of 6 months. If trial is not completed within 6 months, applicant No.1 is at liberty to file fresh application for regular bail.

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p[12] Rule is made absolute to the aforesaid extent qua applicant No.2. Rule is discharged qua applicant No.1. 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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DRASHTI K. SHUKLA

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Savaji S/O. Kantibhai Devipujak v. State of Gujarat

Case brief

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Savaji S/O. Kantibhai Devipujak v. State of Gujarat

Case brief

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