Allowed

Hareshbhai @ Haribhai Raghubhai Bharwad v. State of Gujarat

Gujarat HC3 May 2021CR.MA/3349/2021

Case brief

AI extract

What is this about?

The High Court allowed the applicant's bail application under Section 439 CrPC. Considering the applicant's deep roots, lack of flight risk, and parity with co-accused who were granted bail, the court ordered release on bond with conditions subject to the applicant not being required elsewhere.

What did the court decide?

Applicant released on bail on executing a bond of Rs. 10,000/- with one surety of the like amount, subject to specific conditions.

Hareshbhai @ Haribhai Raghubhai Bharwad Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/3349/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 3349 of 2021

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HARESHBHAI @ HARIBHAI RAGHUBHAI BHARWAD

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Versus STATE OF GUJARAT

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Appearance:

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MR ZUBIN BHARDA FOR DHRUVIK K PATEL(7769) for the Applicant(s) No. 1

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MS. MOUSAMI K VALA(6923) for the Respondent(s) No. 1 MR MANAN MEHTA, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 03/05/2021

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ORAL ORDER

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Heard learned advocate, for the applicant and learned APP, for the respondent-State assisted by learned advocate Ms. Mousami Vala through V.C.

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This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.I-70 of 2019 with Sachin Police Station for the offences punishable under Sections 302, 323, 504, 384, 143, 147, 148, 149, 201 of IPC and under section 135(1) of G.P.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) It is reported at bar that not a single witness has been examined, though charge is framed on 16.04.2020.

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Page 1 of 3

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R/CR.MA/3349/2021 ORDER

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(ii) The FIR is registered on 10.07.2019 and the applicant is in jail since 12.07.2019. (iii) As such, the applicant is required to relegate before learned Trial Court to obtain verdict of his innocence or involvement in the offence alleged by following due procedure as provided under Chapter XVII of Code of Criminal Procedure because his bail application after charge sheet was rejected by the Coordinate Bench on 16.04.2020. But as three co-accused viz. Mr. Mehul Bharwad, Mr. Budha Bharwad and Mr. Gabharu Bharward whose case stands on the same footing as of the applicant came to be enlarged on bail subsequent to order dated 16.04.2020, present application deserves consideration on the ground of parity.

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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. (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 F.I.R. registered at C.R.No.I-70 of 2019 with Sachin 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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Page 2 of 3

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R/CR.MA/3349/2021 ORDER

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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 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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SATISH

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Hareshbhai @ Haribhai Raghubhai Bharwad v. State of Gujarat

Case brief

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Hareshbhai @ Haribhai Raghubhai Bharwad v. State of Gujarat

Case brief

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