Allowed

Vasudev Rameshchandra Gandhi v. State of Gujarat

Gujarat HC4 Aug 2021CR.MA/5644/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous application sought regular bail for the applicant charged under various IPC sections. The High Court allowed bail, ordering the release subject to conditions including the deposit of Rs. 22.00 Lakhs within four months.

What did the court decide?

Applicant ordered to be released on bail by executing a bond of Rs. 10,000 with one surety, subject to conditions including deposit of Rs. 22.00 Lakhs before the trial court within four months.

Vasudev Rameshchandra Gandhi Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/5644/2021 ORDER DATED: 04/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5644 of 2021

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VASUDEV RAMESHCHANDRA GANDHI

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Versus

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STATE OF GUJARAT

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Appearance:

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MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1 MR. KISHAN H DAIYA(6929) 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 : 04/08/2021

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ORAL ORDER

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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.Part-A-11210046210558 of 2021 with Puna Police Station for the offences punishable under Sections 406, 409, 420, 294(b) and 506(2) of the IPC.

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Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C. and examined the papers placed for consideration in support of the submission made at bar.

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Learned Advocate for the applicant states at bar that the applicant has shown readiness and willingness to deposit a sum of Rs.22.00 Lakh and to that effect wife of the applicant has filed an undertaking that the applicant will deposit a sum of Rs.22.00 Lakh with the trial Court; within a substantial time as may be directed by this Court. The undertaking filed by the wife of the applicant is ordered to be taken on record.

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Page 1 of 4

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R/CR.MA/5644/2021 ORDER DATED: 04/08/2021

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Upon hearing submission, following picture emerges on record :-

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(i) Substantial investigation is over.

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(ii) No past antecedent is registered qua the applicant. (iii) The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law.

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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.

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(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 C.R. No.Part-A-11210046210558 of 2021 with Puna 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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[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

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Page 2 of 4

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R/CR.MA/5644/2021 ORDER DATED: 04/08/2021

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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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[f] deposit a sum of Rs.22.00 Lakhs before the trial Court; within a period of four months from the date of his release and the applicant shall file an identical undertaking as filed by his wife and shall produce the copy of such an undertaking before this Court, as also the trial Court ;

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It is also directed that as and when the amount aforestated is deposited by the applicant, the learned trial Judge concerned shall deposit the same in cumulative FDR; initially for a period of two years and, thereafter it shall be renewed from time to time; till the final disposal of the criminal case.

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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

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Page 3 of 4

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R/CR.MA/5644/2021 ORDER DATED: 04/08/2021

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stage, made by this Court while enlarging the applicant on bail.

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Rule made absolute to the aforesaid extent. Direct

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service is permitted.

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(S.H.VORA, J)

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sompura

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Page 4 of 4

Vasudev Rameshchandra Gandhi v. State of Gujarat

Case brief

What is this about?

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Vasudev Rameshchandra Gandhi v. State of Gujarat

Case brief

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