Allowed

Sarseej Singh Malsingh Jadav v. State of Gujarat

Gujarat HC17 Mar 2022CR.MA/2693/2022

Case brief

AI extract

What is this about?

Single judge allowed a bail application under Section 439 CrPC. The court held it was a fit case to grant bail in a corruption case despite recovery of bribe money, as investigation was pending and charge-sheet filed, with no apprehension of witness tampering.

What did the court decide?

Allowed; Released on regular bail on personal bond of Rs.15,000/- with one surety, subject to conditions including surrender of passport.

Sarseej Singh Malsingh Jadav Vs State of Gujarat — Corruption | Gujarat HC (2022)

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R/CR.MA/2693/2022 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. 2693 of 2022

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SARSEEJ SINGH MALSINGH JADAV

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Versus

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STATE OF GUJARAT

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================================================================ Appearance:

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GAURAV P GOYAL(8861) for the Applicant(s) No. 1 MR HARDIK H DAVE(6295) for the Applicant(s) No. 1 MR JK SHAH, 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.01 of 2022 registered with A.C.B. Police Station, Patan for the offences punishable under Sections 7, 12, 13(1)(a) and 13(2) of the Prevention of Corruption Act.

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Learned Advocate for the applicant submitted that the coaccused from whom the recovery of Rs.2,00,000/- as bribe money has been made has been granted bail. It is submitted that the conversation as per the video recording suggests that the above amount was the fees for B.U. permission. It is alleged by the complainant that the applicant had made a demand of money by way

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Page 1 of 4

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R/CR.MA/2693/2022 ORDER DATED: 17/03/2022

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of some signals and it is submitted that the same is doubtful. It is also submitted that the charge-sheet has been filed during the pendency of the present application and therefore, no further investigation would be required. 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 money as demanded allegedly has been recovered from the co-accused and considering the quantum of amount so recovered, it is submitted 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 bribe money has been recovered. Besides, the charge-sheet has been filed and the panchnama would have been carried out where the witnesses would be Government Servants and there would be no apprehension of tampering or influencing the witnesses. Considering the above 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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Page 2 of 4

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R/CR.MA/2693/2022 ORDER DATED: 17/03/2022

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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.01 of 2022 registered with A.C.B. Police Station, Patan 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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[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

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Page 3 of 4

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R/CR.MA/2693/2022 ORDER DATED: 17/03/2022

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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.

Sd/-

(GITA GOPI, J)

CAROLINE

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Sarseej Singh Malsingh Jadav v. State of Gujarat

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Sarseej Singh Malsingh Jadav v. State of Gujarat

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