Allowed

Amit S/O Dhirubhai Zala v. State of Gujarat

Gujarat HC21 Mar 2022CR.MA/1984/2022

Case brief

AI extract

What is this about?

The High Court granted regular bail to an applicant seeking bail under Section 439 CrPC for offences under IPC and the Arms Act. The Court observed the applicant had previously been on bail but failed to attend trial, leading to non-bailable warrants. Finding the applicant's assurance credible, discharged him on bond with strict conditions including surrendering passport and not leaving India. Rel

What did the court decide?

Released on regular bail on executing a personal bond of Rs. 15,000/- with two sureties subject to strict conditions including surrender of passport, no leaving India without permission, and regular c

Amit S/O Dhirubhai Zala Vs State of Gujarat — Bail and Remand | Gujarat HC (2022)

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R/CR.MA/1984/2022 ORDER DATED: 21/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 1984 of 2022

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AMIT S/O DHIRUBHAI ZALA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR KRUNAL G PATEL(8525) 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 : 21/03/2022

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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 FIR being I-C.R. No.166 of 2017 registered with Bapunagar Police Station, Ahmedabad for offences punishable under sections 302, 307, 323, 294(b) and 506(2) of IPC and sections 25(1b)(a) and 27(3) of the Arms Act and under section 135(1) of the Gujarat Police Act.

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Mr. K.G. Patel, learned advocate for the applicant stated that, the applicant was granted bail on merits, but was found to be irregular before the trial Court and states that about five time non-bailable warrant was issued. Mr. Patel stated that, it appears that, the nonbailable warrant was issued once and since the applicant could not be traced out, it may have been reissued by the Court and on the last occasion, the applicant came to be

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Page 1 of 3

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R/CR.MA/1984/2022 ORDER DATED: 21/03/2022

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arrested. Mr. Patel states that the applicant would now attend the trial regularly and thus urged to allow the application with suitable bail condition.

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Mr. J.K. Shah, learned Additional Public Prosecutor submitted that, the charge has already been framed and the applicant was not traceable and therefore the Court below was constrained to reissue non-bailable warrant. It was, therefore, urged 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. Since the applicant was enlarged on regular bail on merits and owing to his failure to attend the trial non-bailable warrant was issued, and as the applicant has assured the Court to attend the trial regularly, 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 FIR being I-C.R. No.166 of 2017 registered with Bapunagar Police Station, Ahmedabad on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with two surety of the like amount out of which one of the surety would of father of the applicant to the satisfaction of the trial Court and subject to the conditions that he shall;

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Page 2 of 3

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R/CR.MA/1984/2022 ORDER DATED: 21/03/2022

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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] 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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Pankaj

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Amit S/O Dhirubhai Zala v. State of Gujarat

Case brief

What is this about?

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Amit S/O Dhirubhai Zala v. State of Gujarat

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