Allowed

Sandeepbhai Shantilal Parmar v. State of Gujarat

Gujarat HC3 Aug 2021CR.MA/8993/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed regular bail for the applicant accused of offences under Sections 409 and 420 IPC, releasing him on a bond with a surety upon compliance with specific conditions, including a future deposit of Rs. 2 lakhs with the Trial Court.

What did the court decide?

Release on bail with bond of Rs.10,000 and conditions to deposit Rs.2 lakhs at trial Court within four weeks.

Sandeepbhai Shantilal Parmar Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/8993/2021 ORDER DATED: 03/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 8993 of 2021

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SANDEEPBHAI SHANTILAL PARMAR

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Versus

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STATE OF GUJARAT

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Appearance:

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MR P P MAJMUDAR(5284) for the Applicant(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 Date : 03/08/2021 ORAL ORDER

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Heard learned advocate, for the applicant and learned APP, for the respondent-State 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-66 of 2019 with Godhra ‘A’ Division Police Station, Panchmahal for the offences punishable under Sections 409 and 420 of IPC.

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Learned advocate for the applicant states at bar that the applicant will file undertaking to the effect that the applicant is ready and willing to deposit further sum of Rs.2 lakhs with the learned Trial Court without prejudice to rights of applicant at trial within four weeks from today.

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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) Charge sheet is filed.

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(ii) No past antecedent is registered qua the applicant.

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Page 1 of 3

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R/CR.MA/8993/2021 ORDER DATED: 03/08/2021

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(iii) All the incriminating material is in the custody of the investigating agency and therefore, there is no likelihood or possibility of tampering the evidence.

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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 F.I.R. registered at C.R.No.I-66 of 2019 with Godhra ‘A’ Division Police Station, Panchmahal 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 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

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Page 2 of 3

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R/CR.MA/8993/2021 ORDER DATED: 03/08/2021

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without prior permission of Sessions Court concerned;

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[f] shall file undertaking within 3 days before this Court and Trial Court after release from the jail as per statement made at bar by learned advocate Mr. Majmudar for the applicant.

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[g] deposit Rs.2 lakhs with the learned Trial Curt without prejudice to right of applicant at trial within four weeks from today.

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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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On deposit of Rs.2 lakhs by the applicant, learned Trial Court shall invest said amount in FDR in any nationalized Bank initially for a period of 2 years, which shall be renewed from time to time till final disposal of criminal case.

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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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Sandeepbhai Shantilal Parmar v. State of Gujarat

Case brief

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Sandeepbhai Shantilal Parmar v. State of Gujarat

Case brief

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