Gujarat High Court
Dalit Vallabhbhai Virabhai Chavda vs State Of Gujarat on 14 September, 2017
Author: A.Y. Kogje
Bench: A.Y. Kogje
R/CR.MA/21042/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
21042 of 2017
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DALIT VALLABHBHAI VIRABHAI CHAVDA....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR CHINTAN S POPAT, ADVOCATE for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 14/09/2017
ORAL ORDER
1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R. No.III-140/2017 with Keshod Police Station, Junagadh for the offence punishable under Sections 116(1)(b), 99, 98(2), 81, 65(A) (E) of the Prohibition Act.
2. Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Sep 15 00:07:52 IST 2017 R/CR.MA/21042/2017 ORDER opposed grant of regular bail looking to the nature and gravity of the offence.
4. Learned Advocates appearing on behalf of the respective parties do not press for a 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) Investigation qua the applicant is concluded as the remand period is over;
II) Co-accused - wife is enlarged on regular bail; III) Submissions by the learned advocate for the applicant on the basis of medical case papers produced today for perusal, appears to be suffering with psychological disorder;
This Court has 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.
6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Sep 15 00:07:52 IST 2017 R/CR.MA/21042/2017 ORDER 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.
7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.III-140/2017 registered with Keshod Police Station, Junagadh 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;
(c) surrender passport, if any, to the lower Court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 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 Page 3 of 4 HC-NIC Page 3 of 4 Created On Fri Sep 15 00:07:52 IST 2017 R/CR.MA/21042/2017 ORDER without prior permission of this Court;
8. 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.
9. 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.
10. 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.
The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(A.Y. KOGJE, J.) Dolly Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Sep 15 00:07:52 IST 2017