Gujarat High Court
Jaydeepsinh Prabhatsinh Zala vs State Of Gujarat on 23 December, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/16564/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 16564 of 2020
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JAYDEEPSINH PRABHATSINH ZALA
Versus
STATE OF GUJARAT
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Appearance:
MR SHRIRAJ D SHAH(10475) for the Applicant(s) No. 1
MR H K PATEL, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 23/12/2020
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure,1973, for regular bail in connection with FIR being I.CR No.251 of 2017 registered with Sola High Court Police Station, Ahmedabad for offence under Sections 406, 420, 465, 467, 468, 471, 120(B), 201 and 114 of the IPC.
2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the offence being serious in nature and pertains to procuring false certificates of practice based on fabricated and forged documents. It is also submitted that the applicant has made Page 1 of 4 Downloaded on : Thu Dec 24 03:49:31 IST 2020 R/CR.MA/16564/2020 ORDER an attempt subsequently also to destroy the certificates.
4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
I. The FIR is registered on 24.08.2017 for the offence which is alleged to have taken place prior six months from the date of FIR.
II. The applicant is in jail since 12.10.2020.
III. Investigation is concluded and charge-sheet is filed.
IV. Submission of learned advocate for the applicant that offence was registered way back in the year 2017, but the applicant has been arrested recently in the month of October-2020.
V. No other antecedents are reported.
VI. Submission of learned advocate for the applicant that
all the applicants arrested so far have been enlarged on bail by this Court as well as by the Sessions Court. He draws attention of this Court to Annexure-F which are orders in case of co-accused where this Court while exercising the discretion has enlarged them on regular bail.
VII. Learned APP under instructions of IO is unable to bring on record any special circumstances against the applicant.
6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40. Page 2 of 4 Downloaded on : Thu Dec 24 03:49:31 IST 2020
R/CR.MA/16564/2020 ORDER
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being I.CR No.251 of 2017 registered with Sola High Court Police Station, Ahmedabad on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between Page 3 of 4 Downloaded on : Thu Dec 24 03:49:31 IST 2020 R/CR.MA/16564/2020 ORDER 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his 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 Trial Court;
9. 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.
10. 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.
11. 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.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(A.Y. KOGJE, J) Caroline/Girish Page 4 of 4 Downloaded on : Thu Dec 24 03:49:31 IST 2020