Allowed

Miteshkumar Amrutlal Jivanlal Parmar v. State of Gujarat

Gujarat HC21 Mar 2022CR.MA/1872/2022

Case brief

AI extract

What is this about?

The Gujarat High Court granted regular bail to the applicant, a bike thief, allowed on personal bond with surety and specific conditions given the recovery of the bike and father's affidavit.

What did the court decide?

Released on regular bail on executing a personal bond with one surety upon specified conditions, including surrender of passport and non-prohibition on leaving India without permission.

Miteshkumar Amrutlal Jivanlal Parmar Vs State of Gujarat — Bail and Remand | Gujarat HC (2022)

¶1

R/CR.MA/1872/2022 ORDER DATED: 21/03/2022

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 1872 of 2022

¶4

================================================================ MITESHKUMAR AMRUTLAL JIVANLAL PARMAR

¶5

Versus

¶6

STATE OF GUJARAT

¶7

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

¶8

Appearance:

¶9

MR HEMANT MAKWANA(3622) for the Applicant(s) No. 1

¶10

MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

¶11

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

¶12

CORAM: HONOURABLE MS. JUSTICE GITA GOPI Date : 21/03/2022

¶13

ORAL ORDER

¶14

This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being I-C.R. No.11216001220005 of 2022 registered with Adalaj Police Station, Gandhinagar, for the offence punishable under Section 379 of the Indian Penal Code.

¶15

Learned Advocate for the applicant submitted that the father of the applicant has filed an Affidavit stating that it is an unfortunate incident of bike theft. It is further submitted that the father of the applicant has stated in the Affidavit that he would ensure that his son would not indulge in such offences in future. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

¶16

Learned Additional Public Prosecutor submitted that the bike in question has been recovered and urged to impose

¶17

Page 1 of 3

¶18

R/CR.MA/1872/2022 ORDER DATED: 21/03/2022

¶19

necessary conditions so that the applicant may not get involved in such offences in future. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

¶20

Heard learned Advocates on both the sides and perused the material on record. The applicant’s father has taken the responsibility to ensure that the son would not get involved in such offences in future and has filed an Affidavit to this effect. In addition, the bike has been recovered. There are no criminal antecedents of similar nature. Considering the facts and circumstances of the case and that 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.

¶21

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the First Information Report being being I-C.R. No.11216001220005 of 2022 registered with Adalaj Police Station, Gandhinagar, 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;

¶22

[a] not take undue advantage of liberty or misuse liberty;

¶23

Page 2 of 3

¶24

R/CR.MA/1872/2022 ORDER DATED: 21/03/2022

¶25

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

¶26

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

¶27

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

¶28

[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;

¶29

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.

¶30

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.

Sd/-

(GITA GOPI, J)

CAROLINE

Page 3 of 3

Miteshkumar Amrutlal Jivanlal Parmar v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Miteshkumar Amrutlal Jivanlal Parmar v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramsingbhai Bhavsinghbhai Katara Vs State of Gujarat

Rajeshkumar @ Bablu Ramharakh Rajput Vs State of Gujarat

Sarseej Singh Malsingh Jadav Vs State of Gujarat

Ravibhai Nathabhai Chaudhary Vs State of Gujarat

Amit S/O Dhirubhai Zala Vs State of Gujarat

Irfan Salim Saiyed Vs State of Gujarat