Allowed

Sharadbhai Bhikhabhai Bariya v. State of Gujarat

Gujarat HC8 Dec 2021CR.MA/18131/2021

Case brief

AI extract

What is this about?

The High Court granted regular bail to an applicant charged with murder and cheating. The court exercised discretion in favor of the applicant after the investigation concluded, noting the applicant's lack of antecedents and co-accused bail, while imposing strict conditions upon release.

What did the court decide?

Released on regular bail with personal bond of Rs. 20,000/- and one solvent surety, subject to conditions including biometric presence and travel restrictions.

Sharadbhai Bhikhabhai Bariya Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2021)

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R/CR.MA/18131/2021 ORDER DATED: 08/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 18131 of 2021

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SHARADBHAI BHIKHABHAI BARIYA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR DHARMESH D. NANAVATY with MR ADITYA P MISTRI(11315) for the Applicant(s) No. 1

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MR RONAK RAWAL, APP for the Respondent(s) No. 1

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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-90 of 2019 registered with Sihor Police Station, District : Bhavnagar for the offences under Sections 302, 201 and 120(B) of the Indian Penal Code read with Section 135 of the G.P. Act.

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[2] Learned advocate for the applicant has has drawn the attention of this Court to the papers of the charge-sheet, mainly the P.M. Note, statement of witness No.22. It is submitted that applicant is in jail since 08.11.2019. Investigation is over and charge-sheet is filed and there is no name in the F.I.R. even at the first instance by the complainant. Thereafter, further in the statement of the complainant though the names of some persons against whom doubt was arisen to the complainant but the present applicant was not included and thereafter, in the further statement the name of the present applicant found its place. It is submitted that the applicant has not played any role in inflicting any blow

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Page 1 of 4

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R/CR.MA/18131/2021 ORDER DATED: 08/12/2021

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due to which death is caused. As per the instructions, the applicant is having no antecedent, who is residing in local limits of the Court not to flee away. He further submits that 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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[3] 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 and also he has pointed out to the fact that applicant is convicted for the offence of under Section 302 of the I.P.C. He further submitted that there is instance of giving missed call by the present applicant to the deceased. He further submitted that the applicant has an active participation in the crime. Hence, he has prayed for rejection.

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[4] 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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[5] 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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[6] Upon hearing the submission of both the sides, examine the statement of witness P.W. 22, FIR and the PM Note and 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

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Page 2 of 4

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R/CR.MA/18131/2021 ORDER DATED: 08/12/2021

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favour of the applicant and enlarge the applicant on regular bail.

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[7] This Court has considering the following aspects:

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(i) The applicant is in jail since 08.11.2021.

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(ii) F.I.R. is filed on 06.11.2019 for the offence alleged between 05.11.2019 to 06.11.2019.

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(iii) There is no name in the F.I.R.

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

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(v) Co-accused is having similar role has been released on bail by this Court.

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(vi) Role attributed to the applicant is considered.

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(vii) Applicant is having no antecedent as per the instructions.

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[8] 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-90 of 2019 registered with Sihor Police Station, District : Bhavnagar on executing a personal bond of Rs.20,000/- (Rupees Twenty 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, file undertaking to that effect before the trial court.

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[d] not leave the State of Gujarat without prior

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Page 3 of 4

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R/CR.MA/18131/2021 ORDER DATED: 08/12/2021

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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 to enter in Bhavnagar City for a period of six months except for attending the Court proceedings and marking presence.

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[9] 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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[10] Rule is made absolute to the aforesaid extent. Direct service is permitted.

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DIRECT SERVICE IS PERMITTED.

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(RAJENDRA M. SAREEN,J)

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KUMAR ALOK

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Sharadbhai Bhikhabhai Bariya v. State of Gujarat

Case brief

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Sharadbhai Bhikhabhai Bariya v. State of Gujarat

Case brief

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