Gujarat High Court
Sudhirbhai Vijubhai @ Vijaybhai Pagi ... vs State Of Gujarat on 15 September, 2022
Author: Samir J. Dave
Bench: Samir J. Dave
R/CR.RA/328/2022 ORDER DATED: 15/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 328 of 2022
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SUDHIRBHAI VIJUBHAI @ VIJAYBHAI PAGI (SOLANKI) THRO VIJUBHAI
@ VIJAYBHAI DAHYABHAI PAGI (SOLANKI)
Versus
STATE OF GUJARAT
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Appearance:
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MS MONALI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 15/09/2022
ORAL ORDER
1. This application has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, "the Act") read with Sections 397 and 401 of Cr.P.C. for regular bail in connection with the complaint bearing FIR No.11188002210595 registered with Bayad Police Station, Arvalli for offences punishable under Section 302 of IPC and Section 135 of the G.P. Act; and also to quash and set aside the judgment and order dated 23.02.2022 passed by the learned Addl. Sessions Judge, Arvalli at Modasa in Criminal Appeal No.18 of 2022.
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R/CR.RA/328/2022 ORDER DATED: 15/09/2022
2. Learned advocate for the applicant submitted that at the time when the alleged incident took place, the applicant was aged about 16 years and was studying in the Higher Secondary School division at the relevant time. Both the applicant and the victim were cousins. He further submitted that the condition of the family of the applicant back at home is precarious and that if the applicant is not released on bail, his career would be ruined. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.
3. Learned APP submitted that the Courts below have rightly rejected the bail application of the applicant and submitted that if enlarged on bail, a probability would remain that the applicant may cause harm to others. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.
4. Heard the learned advocates and perused the material on Page 2 of 5 Downloaded on : Fri Sep 16 21:57:28 IST 2022 R/CR.RA/328/2022 ORDER DATED: 15/09/2022 record. Before we proceed further, a reference to the provisions of Section 12(1) of the Act is apposite, which reads thus:
"12. Bail to a person who is apparently a child alleged to be in conflict with law -
(1) When any person, who is apparently a child and is a alleged to have committed a bailable or non bailable offence, is apprehended or detained by the police or appears or brought before a Board, such Person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any person.
Provided that such person shall not be released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision."
5. Considering the provisions of the Act and the accusations made in the impugned FIR as also the role attributed to the applicant, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant. Page 3 of 5 Downloaded on : Fri Sep 16 21:57:28 IST 2022
R/CR.RA/328/2022 ORDER DATED: 15/09/2022
6. Hence, the present application is allowed and the impugned judgment and order dated 23.02.2022 is quashed and set aside. The applicant is ordered to be released on regular bail in connection with the complaint being FIR No.11188002210595 registered with Bayad Police Station, Arvalli on furnishing personal bond of Rs.10,000/- to the satisfaction of the jail authority and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;
[c] surrender his passport, if any, to the trial Court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of Page 4 of 5 Downloaded on : Fri Sep 16 21:57:28 IST 2022 R/CR.RA/328/2022 ORDER DATED: 15/09/2022 execution of the bond and shall not change the residence without prior permission of the concerned trial court;
7. The authority concerned will release the applicant, only if he is not required in connection with any other offence. If breach of any of the above conditions is committed, the trial Court shall be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the trial Court having jurisdiction to try the case. The observation made by this Court in this order are prima facie in nature.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SAMIR J. DAVE, J) PRAVIN KARUNAN Page 5 of 5 Downloaded on : Fri Sep 16 21:57:28 IST 2022