Allowed

Chandrapalsinh Manharsinh Bhati v. State of Gujarat

Gujarat HC6 Aug 2021CR.MA/6214/2021

Case brief

AI extract

What is this about?

Single Judge of Gujarat High Court allowed bail to the applicant in an extradition/money laundering case, subject to a bond of Rs. 20,000 with one surety, and imposed specific conditions including restrictions on travel and residence.

What did the court decide?

Writ Petition allowed. Regular bail granted on bond of Rs. 20,000 with one surety, subject to conditions including restriction on leaving the territory of India and appearing before the investigation

Chandrapalsinh Manharsinh Bhati Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/6214/2021 ORDER DATED: 06/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 6214 of 2021

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CHANDRAPALSINH MANHARSINH BHATI

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Versus

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STATE OF GUJARAT

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Appearance:

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MR NIRUPAM NANAVATY SENIOR ADVOCATE FOR MR VISHAL B MEHTA(5319) for the Applicant(s) No. 1 MR DIPAK H SINDHI(5710) for the Respondent(s) No. 1 MS MOXA THAKKAR APP(2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 06/08/2021

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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 Part-A C.R. No.11191008200160 of 2020 with Chandkheda Police Station for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120-B of the IPC.

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Heard learned Senior advocate Mr.Nirupam Nanavaty for Mr.Vishal Mehta, learned Advocate, for the applicant and learned APP, for the respondent-State through V.C. and learned Advocate Mr.Dipak Sindhi for the complainant and examined the papers placed for consideration in support of the submission made at bar.

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2.1 Learned Advocate Mr.Sindhi for the complainant states at bar that there is prima-facie case against the applicant which provides punishment to the extent of 10 years and therefore the bail may not be granted to the applicant as the applicant is involved in other four offences.

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Page 1 of 3

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R/CR.MA/6214/2021 ORDER DATED: 06/08/2021

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Upon hearing submission, following picture emerges on record :-

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(i) Charge sheet is filed.

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(ii) The incriminating material is in the custody of the Investigating Agency and therefore, there is no likelihood or possibility of tampering with the same.

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(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 Part-A C.R. No.11191008200160 of 2020 with Chandkheda Police Station, on executing a bond of Rs.20,000/-(Rupees Twenty 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

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Page 2 of 3

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R/CR.MA/6214/2021 ORDER DATED: 06/08/2021

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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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sompura

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Page 3 of 3

Chandrapalsinh Manharsinh Bhati v. State of Gujarat

Case brief

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Chandrapalsinh Manharsinh Bhati v. State of Gujarat

Case brief

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