Allowed

Samsherbhai Gulabbhai Parmar v. State of Gujarat

Gujarat HC4 Oct 2021CR.MA/8604/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Application for regular bail under Section 439 CrPC. The High Court allowed the application, releasing applicants on a personal bond with specific conditions due to the concluded investigation, lack of direct role, and advanced age.

What did the court decide?

The applicants were ordered to be released on regular bail subject to execution of a personal bond of Rs. 10,000 each with one surety and specific conditions.

Samsherbhai Gulabbhai Parmar Vs State of Gujarat — Narcotics (NDPS) | Gujarat HC (2021)

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R/CR.MA/8604/2021 ORDER DATED: 04/10/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 8604 of 2021

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============================================= SAMSHERBHAI GULABBHAI PARMAR

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Versus

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STATE OF GUJARAT

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============================================= Appearance:

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MR NK MAJMUDAR(430) for the Applicant(s) No. 1,2,3 MR. H.K. PATEL, APP for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 04/10/2021

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ORAL ORDER

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RULE . Llearned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.

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This application is filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with complaint being Veraval Range C.R. No.I/15/2020-21 dated 03-02/2021 registered with Range Forest Officer, Veraval Range, Veraval and Taluka Wildlife Warden Veraval and Satrapada, District-Gir-Somnath, for the offence punishable under Sections 2(16), 2(20), 9, 39, 50 and 51 of Wildlife (Protection) Act.

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Learned advocate appearing on behalf of the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

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Page 1 of 4

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R/CR.MA/8604/2021 ORDER DATED: 04/10/2021

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On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

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Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

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I have heard the learned advocates appearing on behalf of the respective

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parties and perused the papers.

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Following aspects are considered :-

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I) The F.I.R. is registered on 03-02-2021 for the offence which is alleged to have taken place on 03-02-2021;

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II) The applicants are in custody since 04-02-2021;

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III) Investigation is concluded and charge-sheet is filed;

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III) Learned Advocate for the applicants submitted that even during the course of investigation, no direct role is coming out in so far as the applicants are concerned, as role is attributed to other accused who had trapped and injured wild animal.

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IV) Learned Advocate for the applicants submitted that considering the age of the applicants being seniour citizens.

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V) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicants.

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This Court has taken into consideration the law laid down by the Hon'ble Apex

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Court in the case of Sanjay Chandra v. Central Bureau of Investigation

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reported in [2012] 1 SCC 40.

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Page 2 of 4

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R/CR.MA/8604/2021 ORDER DATED: 04/10/2021

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In the facts and circumstances of the case and considering the nature of the allegations made against the applicants in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail.

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Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with complaint being Veraval Range C.R. No.I/15/2020-21 dated 03-02/2021 registered with Range Forest Officer, Veraval Range, Veraval and Taluka Wildlife Warden Veraval and Satrapada, District-Gir-Somnath, on executing a personal bond of Rs.10,000/= (Rupees Ten Thousand Only) EACH with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

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(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

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(e) not to enter Gir-Somnath, Junagadh, Amreli till completion of trial except for marking presence and attending the trial;

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(f) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

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(g) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and

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Page 3 of 4

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R/CR.MA/8604/2021 ORDER DATED: 04/10/2021

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shall not change the residence without prior permission of Trial Court;

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The authorities will release the applicants only if they are 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.

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10.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.

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11.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 applicants on bail.

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12.The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

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(A.Y. KOGJE, J)

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PARESH SOMPURA

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Page 4 of 4

Samsherbhai Gulabbhai Parmar v. State of Gujarat

Case brief

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Samsherbhai Gulabbhai Parmar v. State of Gujarat

Case brief

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