Allowed

Ramsingbhai Bhavsinghbhai Katara v. State of Gujarat

Gujarat HC17 Mar 2022CR.MA/2320/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 CrPC. The applicant faced charges under IPC sections 307, 332, 337, 504 and PDP Act related to an incident involving police injuries. The court held it was a fit case for discretionary release, ordering regular bail subject to several conditions and adherence to COVID-19 protocols.

What did the court decide?

Released on regular bail with a personal bond of Rs. 15,000/- and one surety, subject to specific conditions including passport surrender and COVID-19 compliance.

Ramsingbhai Bhavsinghbhai Katara Vs State of Gujarat — Bail and Remand | Gujarat HC (2022)

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R/CR.MA/2320/2022 ORDER DATED: 17/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2320 of 2022

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================================================================ RAMSINGBHAI BHAVSINGHBHAI KATARA

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MS TASNIM A ZABUAWALA(10756) for the Applicant(s) No. 1 MR PRANAV TRIVEDI, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI

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Date : 17/03/2022

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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 First Information Report being C.R. No.11821049210266 of 2021 registered with Jesavada Police Station, District Dahod, for the offences punishable under Sections 307, 143, 147, 148, 149, 427, 332, 337 and 504 of the Indian Penal Code and under Section 3 of the Prevention of Damage to Public Property Act.

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Learned Advocate for the applicant submitted that as per the Medical Certificate, there was a CLW on the left forearm and the injury stated is simple. The weapon alleged to be used is a bow and arrow. It is submitted that the police had come for a search of the vehicle. It is stated that there was some scuffle between the private

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Page 1 of 4

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R/CR.MA/2320/2022 ORDER DATED: 17/03/2022

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persons and the applicant and others and when the police intervened, the alleged injury has occurred. It is submitted that since the injury has been caused to the police, therefore Sections 307 and 332 has been invoked to show the seriousness of the matter. 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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Learned Additional Public Prosecutor submitted that the injury has been caused to the police persons and about 12 persons are still absconding. 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. It appears that the charge-sheet has been filed and the injury is stated to be simple in nature. Considering the facts and circumstances of the case, 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 First Information Report being C.R. No.11821049210266 of 2021 registered with Jesavada Police Station, District Dahod on executing a personal

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Page 2 of 4

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R/CR.MA/2320/2022 ORDER DATED: 17/03/2022

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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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[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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Page 3 of 4

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R/CR.MA/2320/2022 ORDER DATED: 17/03/2022

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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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Sd/- (GITA GOPI, J)

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CAROLINE

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Ramsingbhai Bhavsinghbhai Katara v. State of Gujarat

Case brief

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Ramsingbhai Bhavsinghbhai Katara v. State of Gujarat

Case brief

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