Allowed

Mohit @ Mundo Rameshbhai Sakhiya (Patel) v. State of Gujarat

Gujarat HC28 Mar 2022CR.MA/17617/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous application filed for regular bail under Section 439 CrPC, the High Court of Gujarat allowed the application. The court found it a fit case to exercise discretion in favour of the applicant, who was accused of assisting a main accused by providing funds for fans. Bail was granted along with standard conditions including a personal bond.

What did the court decide?

Regular bail granted by executing a personal bond of Rs. 15,000 with one surety of the like amount, subject to specified conditions including non-leave from India and surrender of passport.

Mohit @ Mundo Rameshbhai Sakhiya (Patel) Vs State of… — Cheating and Forgery | Gujarat HC (2022)

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R/CR.MA/17617/2021 ORDER DATED: 28/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 17617 of 2021

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MOHIT @ MUNDO RAMESHBHAI SAKHIYA (PATEL)

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Versus STATE OF GUJARAT

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Appearance:

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MR A A ZABUAWALA(6823) for the Applicant(s) No. 1 MR. J.K.SHAH, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 28/03/2022

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ORAL ORDER

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This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being CR.No.I-11205043210460 of 2021 registered with “B” Division Police Station, Kutch (West-Bhuj) for offences punishable under Sections 221, 223, 224, 225, 328, 465, 468, 471, 201, 120B of the IPC as well as under Sections 42, 43 and 45(12) of the Prisons Act.

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Mr. A.A.Zabuawala, learned advocate for the applicant, submitted that allegation against the present applicant is of donating fans for the jail premises so as to provide jail facilities to the main accused Nikhil @ Nikunj Rameshbhai Donga . Mr. Zabuawala, stated that as per the prosecution case the present applicant had given Rs.50,000/- to the shopkeeper from whom the fans were purchased and that there is no further allegation of assisting the main accused Nikhil @ Nikunj Rameshbhai Donga from escaping the judicial custody or from the police control. Mr. Zabuawala, stated that almost all the

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Page 1 of 3

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R/CR.MA/17617/2021 ORDER DATED: 28/03/2022

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accused are released on bail, even those who had facilitated to provide escape root are on bail and stated that this Court has also granted bail to one of the co-accused vide order dated 22.03.2022 in Cr.M.A. No.4059 of 2022. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

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Mr. J.K.Shah, learned Additional Public Prosecutor, submitted that it is under criminal conspiracy to assist the main accused Nikhil @ Nikunj Rameshbhai Donga and it was all pre-planned and share a common intention, it was, therefore, prayed that no discretion may be exercised in favour of the applicant.

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Heard learned advocates on both the sides and perused the material on record. Taking into consideration the nature of the application and when most of co-accused have been enlarged on bail and since the trial will take its own time to conclude, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

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Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the complaint being CR.No.I-11205043210460 of 2021 registered with “B” Division Police Station, Kutch (West-Bhuj) on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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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Page 2 of 3

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R/CR.MA/17617/2021 ORDER DATED: 28/03/2022

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave India without prior permission of the concerned trial court;

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[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

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The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

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Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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(GITA GOPI,J)

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SLOCK BAROT

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Mohit @ Mundo Rameshbhai Sakhiya (Patel) v. State of Gujarat

Case brief

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Mohit @ Mundo Rameshbhai Sakhiya (Patel) v. State of Gujarat

Case brief

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