This order grants regular bail to the applicant in a Section 395 IPC case after chargesheet filing, considering prior coordinate relief, end of investigation, and time in detention, subject to strict conditions including appearance bonds.
Applicant released on regular bail by personal bond of Rs.10,000 with one local surety of Rs.10,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/954/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 954 of 2021
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HIRU @ HIRIYO JETUBHAI VASKELIYA
Versus
STATE OF GUJARAT
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Appearance:
MR KEVAL G BAROT(9900) for the Applicant(s) No. 1 MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1 MS MOXA THAKKER APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 20/01/2021
ORAL ORDER
[1] Heard Mr.Pravin Gondaliya, learned advocate for the applicant and Ms.Moxa Thakker, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.
[2] RULE . Learned Additional Public Prosecutor waives service of notice of rule for respondent – State. With the consent of learned advocates for both the sides, rule is fixed forthwith.
[3] The present application is filed under Section 439 of the Code of Criminal Procedure, after filing of the chargesheet, in connection with an FIR being C.R.No.I – 77/2018 registered with Tankara Police Station, District: Morbi for the offences punishable under Section 395 of the Indian Penal Code and Sections 37(1), 135 of the Gujarat Police Act.
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R/CR.MA/954/2021 ORDER
[4] Learned advocate appearing for the applicant submits that the investigation is over and the charge-sheet has already been filed and there is no apprehension of tampering or threatening the witnesses. He also submits that the present applicant was roped as an accused in the identical offence wherein he has been released on bail by the Coordinate Bench of this Court vide order dated 23.07.2020 passed in Criminal Misc. Application No.2721 of 2020. He further submits that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.
[5] Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail on the grounds that considering the nature and gravity of the offence.
[6] Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant.
(i) The accused is released on bail by the Coordinate
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R/CR.MA/954/2021 ORDER
Bench in identical offence;
[8] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40 ;
[9] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.I – 77/2018 registered with Tankara Police Station, District: Morbi , on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;
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R/CR.MA/954/2021 ORDER
[10] The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial 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, learned 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. Rule is made absolute accordingly.
[11] Direct service through fax, email and/or any other suitable electronic mode is permitted.
(DR. A. P. THAKER, J)
V.R. PANCHAL
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2 issues framed by the court
Whether the applicant is entitled to regular bail considering the coordinate bench order, over and above charge-sheet, and the nature of offences.
What are the stringencies of bail conditions to be imposed on the accused.
Colour shows how this judgement treated each authority
Sanjay Chandra Vs. Central Bureau of InvestigationReferred¶8
Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40 · Who else cites this
2 provisions across 2 enactments
Hiru @ Hiriyo Jetubhai Vaskeliya
State of Gujarat
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
