Atmaram Ishwardas Ratandas Sadhu vs State Of Gujarat on 24 February, 2021

[Cites 7, Cited by 1]

Gujarat High Court

Atmaram Ishwardas Ratandas Sadhu vs State Of Gujarat on 24 February, 2021

Bench: A.Y. Kogje

       R/CR.MA/19755/2020                                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL MISC.APPLICATION NO. 19755 of 2020
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               ATMARAM ISHWARDAS RATANDAS SADHU
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR TEJAS M BAROT(2964) 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 : 24/02/2021
                  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 as CRI/40 /2018 with Deesa Rural Police Station, Banaskantha for the offence punishable under Sections 395, 397, 342, 120B and 34 of the Indian Penal Code.

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 respondentState has 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.

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R/CR.MA/19755/2020 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 21.03.2018 for the offence which took place between 20.03.2018 and 21.03.2018.

II) The applicant is in custody since 27.11.2020.

III) Investigation is concluded and charge sheet is filed.

IV) The offence is of the year 2018 where the name of the applicant was disclosed in April 2018, however, the applicant was arrested recently on 27.11.2020.

V) Submission of learned advocate for the applicant that the coaccused identically situated having antecedents like the applicant has been already enlarged on bail by coordinate bench of this Court.

VI) In the offence cited as antecedents, the applicant has been enlarged on regular bail.

VII) No recovery or identification carried out.

VIII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

6. 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.

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R/CR.MA/19755/2020 ORDER

7. 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 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 CRI/40 /2018 with Deesa Rural Police Station, Banaskantha 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;

(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 Page 3 of 4 Downloaded on : Fri Feb 26 06:22:40 IST 2021 R/CR.MA/19755/2020 ORDER 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 this Court;

(g) not leave Surendranagar till completion of trial except for the purpose of marking presence before the concerned Police Station and attending the trial proceedings.

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. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J) GIRISH Page 4 of 4 Downloaded on : Fri Feb 26 06:22:40 IST 2021

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