Allowed

Sukhlal Kamlashankar Dudharamji Dangi (Patel) v. the State of Gujarat

Gujarat HC30 Jul 2021CR.MA/9251/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed the application for regular bail. The applicant, accused of offences under the Gujarat Prohibition Act, was released on a personal bond of Rs. 10,000 with one surety and standard conditions.

What did the court decide?

The applicant was ordered to be released on regular bail by executing a personal bond of Rs. 10,000 with one surety and fulfilling specified conditions.

Sukhlal Kamlashankar Dudharamji Dangi (Patel) Vs the State… — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/9251/2021 ORDER DATED: 30/07/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 9251 of 2021

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================================================================ SUKHLAL KAMLASHANKAR DUDHARAMJI DANGI (PATEL)

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Versus

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THE STATE OF GUJARAT

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

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MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1 PUBLIC PROSECUTOR(2) 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 : 30/07/2021 ORAL ORDER

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The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being PROHIBITION C.R.NO.11206002201323 of 2020 registered with Visnagar Taluka Police Station, Mehsana for offence under Sections 65-A, 65(e), 116-B, 81, 83 and 98(2) of the Gujarat Prohibition Act.

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

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Learned APP appearing on behalf of 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 further reasoned order.

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Page 1 of 4

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R/CR.MA/9251/2021 ORDER DATED: 30/07/2021

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I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

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I. The FIR is registered on 31.12.2020 for the offence which is alleged to have taken place on 31.12.2020.

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II. The applicant is in jail since 01.01.2020.

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III. The investigation is concluded and charge-sheet is filed.

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IV. Considering the maximum sentence that can be imposed.

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V. Submission of learned advocate for the applicant that the applicant is aged 23 years was the driver of the vehicle containing the liquor.

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VI. The another co-accused Ashok Prajapati who has several antecedents has already been arrested.

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VII. No antecedent is reported against the applicant as per learned advocate for the applicant.

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VIII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.

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In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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 applicant on regular bail.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being

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Page 2 of 4

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R/CR.MA/9251/2021 ORDER DATED: 30/07/2021

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PROHIBITION C.R.NO.11206002201323 of 2020 registered with Visnagar Taluka Police Station, Mehsana , on executing a personal 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 he 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) 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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(f) furnish the present address of his residence to the Investigating OfÏcer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

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The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If

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Page 3 of 4

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R/CR.MA/9251/2021 ORDER DATED: 30/07/2021

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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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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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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 is made absolute to the aforesaid extent.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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SIDDHARTH

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Page 4 of 4

Sukhlal Kamlashankar Dudharamji Dangi (Patel) v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

Sukhlal Kamlashankar Dudharamji Dangi (Patel) v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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