Gujarat High Court
Jashvantsinh Mahendrasingh Sansi vs State Of Gujarat on 28 April, 2017
Author: Anant S.Dave
Bench: Anant S. Dave
R/CR.MA/7868/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 7868 of 2017
With
CRIMINAL MISC.APPLICATION NO. 7871 of 2017
With
CRIMINAL MISC.APPLICATION NO. 7873 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8306 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8309 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8310 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8312 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8313 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8315 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8316 of 2017
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CRIMINAL MISC.APPLICATION NO. 8318 of 2017
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CRIMINAL MISC.APPLICATION NO. 8319 of 2017
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CRIMINAL MISC.APPLICATION NO. 8320 of 2017
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CRIMINAL MISC.APPLICATION NO. 8321 of 2017
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CRIMINAL MISC.APPLICATION NO. 8360 of 2017
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CRIMINAL MISC.APPLICATION NO. 8362 of 2017
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CRIMINAL MISC.APPLICATION NO. 8813 of 2017
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CRIMINAL MISC.APPLICATION NO. 8814 of 2017
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R/CR.MA/7868/2017 ORDER
CRIMINAL MISC.APPLICATION NO. 8816 of 2017
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CRIMINAL MISC.APPLICATION NO. 8819 of 2017
With
CRIMINAL MISC.APPLICATION NO. 8820 of 2017
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CRIMINAL MISC.APPLICATION NO. 8824 of 2017
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CRIMINAL MISC.APPLICATION NO. 8825 of 2017
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CRIMINAL MISC.APPLICATION NO. 9205 of 2017
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CRIMINAL MISC.APPLICATION NO. 9208 of 2017
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CRIMINAL MISC.APPLICATION NO. 9209 of 2017
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CRIMINAL MISC.APPLICATION NO. 9211 of 2017
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CRIMINAL MISC.APPLICATION NO. 9213 of 2017
With
CRIMINAL MISC.APPLICATION NO. 9215 of 2017
With
CRIMINAL MISC.APPLICATION NO. 9217 of 2017
With
CRIMINAL MISC.APPLICATION NO. 9219 of 2017
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CRIMINAL MISC.APPLICATION NO. 9222 of 2017
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CRIMINAL MISC.APPLICATION NO. 6849 of 2017
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CRIMINAL MISC.APPLICATION NO. 7313 of 2017
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CRIMINAL MISC.APPLICATION NO. 7315 of 2017
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CRIMINAL MISC.APPLICATION NO. 7318 of 2017
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CRIMINAL MISC.APPLICATION NO. 7319 of 2017
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R/CR.MA/7868/2017 ORDER
JASHVANTSINH MAHENDRASINGH SANSI....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
Appearance:
C B DHOLAKIA, ADVOCATE for the Applicant(s) No. 1
MR RJ GOSWAMI, ADVOCATE for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 28/04/2017
COMMON ORAL ORDER
1 Rule. Learned APP waives service of Rule on behalf of respondent - State of Gujarat in all these applications.
2 The applicant has filed all these applications under Section 439 of the Code of Criminal Procedure, 1973 [for short, `the Code'] in connection with the following first information reports registered at Sarkhej Police Station, Ahmedabad.
Sr. Bail application CR.No. Sarkhej Sections
No. Police station,
Ahmedabad
1 CR.MA7315/17 ICR.No.17/2010 406, 420, 120(B) of IPC.
2 CR.MA7319/17 ICR.No.22/2010 406, 420, 120(B) of IPC.
3 CR.MA7313/17 ICR.No.95/2009 406, 420, 427, 323, 143,
147, 294A, 120(B) of IPC.
135 of Bombay Police Act.
4 CR.MA7871/17 ICR.No.223/2010 406, 420, 120(B) of IPC.
5 CR.MA7868/17 ICR.No.224/2009 406, 420, 120(B) of IPC.
6 CR.MA7873/17 ICR.No.273/2010 406, 420, 120(B) of IPC.
7 CR.MA8306/17 ICR.No.122/2009 406, 420, 120(B) of IPC.
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8 CR.MA8310/17 ICR.No.129/2009 406, 420, 120(B) of IPC.
9 CR.MA8309/17 ICR.No.115/2009 406, 420, 120(B) of IPC.
10 CR.MA8312/17 ICR.No.130/2009 406, 420, 120(B) of IPC.
11 CR.MA8313/17 ICR.No.151/2009 406, 420, 120(B) of IPC.
12 CR.MA8315/17 ICR.No.114/2009 406, 420, 120(B) of IPC.
13 CR.MA8319/17 ICR.No.116/2009 406, 420, 120(B) of IPC.
14 CR.MA8321/17 ICR.No.97/2009 406, 420, 120(B) of IPC.
15 CR.MA8320/17 ICR.No.100/2009 406, 420, 120(B) of IPC.
16 CR.MA8318/17 ICR.No.104/2009 406, 420, 120(B) of IPC.
17 CR.MA8316/17 ICR.No.120/2009 406, 420, 120(B) of IPC.
18 CR.MA8360/17 ICR.No.190/2009 406, 420, 120(B) of IPC.
19 CR.MA8362/17 ICR.No.169/2009 406, 420, 120(B) of IPC.
20 CR.MA8824/17 ICR.No.164/2010 406, 420, 120(B) of IPC.
21 CR.MA8820/17 ICR.No.199/2009 406, 420, 120(B) of IPC.
22 CR.MA8814/17 ICR.No.300/2010 406, 420, 120(B) of IPC.
23 CR.MA8825/17 ICR.No.198/2009 406, 420, 120(B) of IPC.
24 CR.MA8819/17 ICR.No.285/2010 406, 420, 120(B) of IPC.
25 CR.MA8816/17 ICR.No.289/2010 406, 420, 120(B) of IPC.
26 CR.MA8813/17 ICR.No.280/2010 406, 420, 120(B) of IPC.
27 CR.MA9219/17 ICR.No.227/2010 406, 420, 120(B) of IPC.
28 CR.MA9217/17 ICR.No.208/2009 406, 420, 120(B) of IPC.
29 CR.MA9211/17 ICR.No.25/2010 406, 420, 120(B) of IPC.
30 CR.MA9205/17 ICR.No.155/2010 406, 420, 120(B) of IPC.
31 CR.MA9222/17 ICR.No.21/2010 406, 420, 120(B) of IPC.
32 CR.MA9215/17 ICR.No.29/2010 406, 420, 120(B) of IPC.
33 CR.MA9208/17 ICR.No.28/2010 406, 420, 120(B) of IPC.
34 CR.MA9209/17 ICR.No.143/2010 406, 420, 120(B) of IPC.
35 CR.MA9213/17 ICR.No. 34/2010 406, 420, 120(B) of IPC.
36 CR.MA6849/17 ICR.No. 95/2009 406, 420, 427, 323, 143,
147, 294[KH] of IPC & 135
of Bombay Police Act.
37 CR.MA7318/17 ICR.No. 224/2009 406, 420, 120(B) of IPC
3 The facts remained undisputed to the extent
that offences registered vide above FIRs, the applicant herein came to be arrested on 07.07.2011 and enlarged on bail in exercise of powers under Section 439 of the Code vide order dated 31.01.2014 passed in a group of applications being Criminal Misc. Application [for Regular Bail] Nos.20372 to 20414 of 2013. For the sake of convenience, order dated 31.01.2014 reads as under:
"This group of 37 applications is filed under Section 439 of the Code of Criminal Procedure Page 4 of 10 HC-NIC Page 4 of 10 Created On Mon Aug 14 13:19:59 IST 2017 R/CR.MA/7868/2017 ORDER in connection with first information report registered at C.R.No.I95, 96, 97, 100, 104, 114, 115, 116, 120, 122, 129, 130, 151, 159, 190, 198, 199, 208, 224 of 2009; C.R.No.I17, 19, 21, 22, 28, 29, 30, 25, 34, 143, 146, 155, 164, 165, 223, 273, 276, 277, 280, 285, 289, 300 of 2010; C.R.No.I26 of 2011, M. Case No.I1 of 2010, with Sarkhej police station for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code read with Sections 3 and 5 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978 and Section 3 of the Benami Transaction (Prohibition) Act, 1988.
2 Learned counsel for the applicant submits that chargesheet is filed and investigation is over. That, the applicant came to be arrested on 15.2.2010. That, as such the offences are triable by the Magistrate. That, by order dated 13.5.2013 passed in Petition for Special leave to Appeal(Cri) No.6042 of 2012, the Apex Court granted bail to the coaccused. Further, this Court as well as the Coordinate Bench have granted bail to other coaccused facing similar allegation and having substantially similar role in connection with other FIRs, on the ground of parity, by imposing suitable conditions, this application for bail may be considered to avoid pretrial conviction since the applicant is in jail since more than four years and there are voluminous documentary evidence and large number of witnesses to be examined.
The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence.
In the facts and circumstances of the case and considering the nature of allegations, role attributed to the applicant, and now the charge sheet is filed, keeping in mind the law laid down by the Apex Court in the case of Page 5 of 10 HC-NIC Page 5 of 10 Created On Mon Aug 14 13:19:59 IST 2017 R/CR.MA/7868/2017 ORDER Sanjay Chandra vs. CBI, reported in (2012) 1 SCC 40, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at C.R.No.I95, 96, 97, 100, 104, 114, 115, 116, 120, 122, 129, 130, 151, 159, 190, 198, 199, 208, 224 of 2009; C.R.No.I17, 19, 21, 22, 28, 29, 30, 25, 34, 143, 146, 155, 164, 165, 223, 273, 276, 277, 280, 285, 289, 300 of 2010; C.R.No.I26 of 2011, M. Case No.I1 of 2010, with Sarkhej police station on his executing a bond of Rs.1,00,000/ (Rupees one lakh only) in each matter with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that he shall i.deposit Rs.10 lakhs with the concerned Court;
ii.not take undue advantage of his liberty or misuse his liberty;
ii.not act in a manner injuries to the interest of the prosecution;
iii.surrender his passport, if any, to the lower court within a week;
iv.not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
v.mark his presence at CID Crime, Ahmedabad, on the first Sunday of every month between 10 a.m. and 3 p.m for three months only;
vi.furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
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The Authorities 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent. D.S. Permitted".
4 Pursuant to the above order, the applicant came to be enlarged on bail on 12.10.2015 and as he was not able to comply with the conditions he was re arrested on 16.01.2016. Thereafter, the applicant has filed Criminal Misc. Application No.25779 of 2016 for bail and this Court vide order dated 16.12.2016 on condition of depositing Rs.5 lakhs in five equal monthly installments commencing from 01.01.2017. The applicant further submits that as the applicant was in judicial custody and was not able to make financial arrangements, for the above amount he remained in jail. Learned counsel for the applicant submits that the applicant is in judicial custody from 07.07.2011 to 12.20.2015 and thereafter from 16.01.2016 and he has served half of the sentence under Section 437(A) of the Indian Penal Code. It is further submitted that considering the nature of allegations, role attributed to the applicant, by imposing suitable Page 7 of 10 HC-NIC Page 7 of 10 Created On Mon Aug 14 13:19:59 IST 2017 R/CR.MA/7868/2017 ORDER conditions, the applicant may be enlarged on bail.
5 The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence.
6 In the facts and circumstances of the case and considering the nature of allegations, role attributed to the applicant, and now the charge sheet is filed, keeping in mind the law laid down by the Apex Court in the case of Sanjay Chandra vs. CBI, reported in (2012) 1 SCC 40, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
6.1 Hence, all these applications are allowed and the applicant is ordered to be released on bail in connection with the first information reports, details of which are mentioned in para 2 of the order, on his executing a bond of Rs.25,000/ (Rupees Twenty Five thousand only) in each matter with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that he shall [a] Deposit Rs.5 lakhs [as per order dated 16.12.2016 passed in Criminal Misc. Application No.25779 of 2016] in five equal installments commencing from 01.06.2017.
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[b] not take undue advantage of his liberty or misuse his liberty;
[c] not act in a manner injuries to the interest of the prosecution;
[d] surrender his passport, if any, to the lower court within a week;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] mark his presence at CID Crime, Ahmedabad, on the first Sunday of every month between 10 a.m. and 3 p.m for three months only;
[g] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
7 The Authorities 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 Page 9 of 10 HC-NIC Page 9 of 10 Created On Mon Aug 14 13:19:59 IST 2017 R/CR.MA/7868/2017 ORDER try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT S.DAVE, J.) pvv Page 10 of 10 HC-NIC Page 10 of 10 Created On Mon Aug 14 13:19:59 IST 2017