Allowed

Pratapsingh Mansingh Ravat v. State of Gujarat

Gujarat HC23 Mar 2022CR.MA/2595/2022

Case brief

AI extract

What is this about?

Single-judge High Court of Gujarat allowed bail application filed by a truck driver accused of prohibition offences, considering that co-accused were on bail.

What did the court decide?

Applicant to be released on regular bail on executing personal bond of Rs.15,000/- with one surety and complying with specified conditions.

What the court decided

Pratapsingh Mansingh Ravat Vs State of Gujarat — Bail and Remand | Gujarat HC (2022)

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R/CR.MA/2595/2022 ORDER DATED: 23/03/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 2595 of 2022

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========================================================== PRATAPSINGH MANSINGH RAVAT

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Versus STATE OF GUJARAT

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

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Appearance:

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KARTIKKUMAR K JOSHI(8042) for the Applicant(s) No. 1 MR PRANAV TRIVEDI, ADDL. 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 : 23/03/2022

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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 FIR being C.R.No. 11191037220073 of 2022 registered with Odhav Police Station, Ahmedabad, for offences punishable under sections 66(B), 66(A)(E), 116(B), 98(2) and 81 of Prohibition Act.

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Mr. Kartikkumar K. Joshi, learned advocate for the petitioner submitted that the co-accused who had prohibited liquor worth Rs.5,73,000/- has been granted bail and the person who had been named by the petitioner as proposed purchaser is also granted bail, and since the present petitioner is stated to be only driver of the vehicle container truck bearing registration No.RJ-27-GD-0993 which was also carrying the food product and the owner of the container truck Rajendra Ravat is wanted accused, it was, therefore, prayed that the

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Page 1 of 4

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R/CR.MA/2595/2022 ORDER DATED: 23/03/2022

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present application may be allowed and the petitioner herein may be released on regular bail.

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Learned APP vehemently objected to the application submitted that the petitioner has suppressed the material facts and pre-detention applications were moved simultaneously, and prior to this application where jugglery has been committed in the name of the petitioner and thus stated that the intention of the petitioner is to commit fraud with the court with the very suppression of fact of the applications moved and thus stated that the petitioner had no respect for law and further urged that since the co-accused who is the owner of the truck is still to be arrested, and therefore, it was urged that no discretion may be exercised in favour of the petitioner.

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Heard learned advocates on both the sides and perused the material on record. Taking into consideration the fact that the co-accused had been released on bail, and as stated by the learned advocate for the petitioner that, apart from the present FIR, there are no other criminal antecedents against the present petitioner, and it was also stated that the predetention applications were moved by one of the friend of the petitioner and another by the family members and only one of the matter was under the instructions of the petitioner; therefore this Court does not want to enter into those aspect and even to the submission of the learned APP that the alleged jugglery in the name of the petitioner in the petitions preferred for pre-detention relief. Since the allegation is that he was only driver of the vehicle and the co-accused had been granted bail; this Court is of the opinion that the discretion could be exercised in favour of the petitioner to enlarge him on bail.

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Page 2 of 4

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R/CR.MA/2595/2022 ORDER DATED: 23/03/2022

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Hence, the present application is allowed. The petitioner is ordered to be released on regular bail in connection with FIR being C.R.No. 11191037220073 of 2022 registered with Odhav Police Station, Ahmedabad, 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; [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 petitioner 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

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Page 3 of 4

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R/CR.MA/2595/2022 ORDER DATED: 23/03/2022

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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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A.M.A. SAIYED

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Pratapsingh Mansingh Ravat v. State of Gujarat

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Pratapsingh Mansingh Ravat v. State of Gujarat

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